Terms of Service

Last Modified: 1 February, 2024

These terms of service, together with any documents they expressly incorporate by reference (collectively, "Terms"), are entered into by and between you and Scribbl, Inc. ("Scribbl," "we," or "us"). The Terms govern your access to and use of (a) the website www.scribbl.co or any of its subdomains ("Website") and (b) download and/or use our web extension to create a Meeting Record (collectively, the “Services”), whether as a guest or a registered user. The Terms are a legally binding contract between you and Scribbl regarding your use of the Service. As used herein, “you” or “your” means any entity, university, organization, or company accessing or using the Service as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms.

Please read the Terms carefully before you start to use the Service. By using, downloading, installing or otherwise accessing the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services. We may revise and update these Terms from time to time in our sole discretion.

ARBITRATION NOTICE. Except for certain kinds of disputes described herein, you agree that disputes arising under the Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS OF SERVICE, YOU AND SCRIBBL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

1. Scribbl Services.

Subject to the restrictions on use set forth in these Terms, you may use the Service to:

  • (a) Record discussions that take place in a meeting to which you invite Scribbl to join and retain such recorded discussion as a video and/or in an audio file, transcribe and store the output of a meeting, including the audio content, participants, and any documentation associated with such discussions (“Meeting Record”) that can be searched and reviewed by you and shared by you with your meeting guests following your meeting;
  • (b) Generate a list of key words derived from the Meeting Record in written form to facilitate the participants’ recollection of the meeting discussion; and
  • (c) Generate a meeting transcription (i.e. in written form) which identifies elements of the meeting that you or other meeting guests have designated as noteworthy.

2. Eligibility.

You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

  • (a) you are at least 16 years old;
  • (b) you have not previously been suspended or removed from the Service; and
  • (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are an organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration.

In order to access and use the Service, you will be required to register on a registration form or link an existing third-party account, which will require you to provide personal information (such as your e-mail address) and to select a password (collectively your “User ID”). We reserve the right to refuse registration of, or to cancel, a User ID at our discretion. If you provide us with information designating other individuals as users, you warrant that you have all necessary rights and approvals to provide such information. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID, including the use of your Scribbl account by another. Our use of any personal information you provide to us as part of the registration process (and otherwise) is governed by our Privacy Policy. You agree to notify Scribbl immediately of any unauthorized use of your account or any other breach of security.

4. Equipment and Related Charges.

You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Service via your computer or mobile device. You acknowledge that third-party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Service, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.

5. Recording Meetings.

You agree to comply, and you will require your meeting guests to comply, with all applicable laws regarding the privacy of communications occurring during your meetings including informing the participants in your meetings that the meeting discussion is being recorded by Scribbl and (as applicable) honoring any requests by your guests and/or other meeting participants to access the Meeting Record including any personal information you provide to Scribbl as required by law.

6. Fees and Subscription

6.1. Authorization and Pricing. At the conclusion of any applicable free trial period for the Service, you will be required to select a payment plan and provide us with your credit card and associated personal information, and you agree to keep this billing information up to date in your Scribbl services account. You hereby authorize Scribbl to bill your credit card in advance on a periodic basis as required under your payment plan until you terminate your subscription. We reserve the right to change Scribbl’s payment plans and fees and, in such event, will notify you of such plan and/or fee change on the Website and/or in an email sent to you (at the last email address we have for you in Scribbl’s records) at least 30 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed fee. All fees are in U.S. Dollars, are non-refundable and obligations to pay are non-cancellable.

6.2. Renewal. Your Service subscription (in accordance with the payment plan you selected) will automatically renew and your payment will be deducted in advance of the period set under your payment plan. Scribbl does not offer refunds or credits for partial periods of service or unused periods.

6.3. Taxes. The fees payable under these Terms are exclusive of any sales, use, excise, value added, import, or other applicable taxes, tariffs, or duties (“Taxes”). You are solely responsible for payment of all Taxes except for any taxes based solely on Scribbl’s net income. If you are required to pay any Taxes, you will pay such Taxes with no reduction or offset in the fees payable to Scribbl under these Terms. If Scribbl has the legal obligation to pay or collect Taxes for which you are responsible, you agree to pay such Taxes and that we may charge your payment instrument for the same.

7. Licenses

7.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Scribbl grants you a limited, revocable, non-exclusive, personal, non-commercial use, non-sublicensable, non-transferable license to access and use the Service for your personal use on a device owned or controlled by you. Subject to the Agreement, any applicable restrictions of your employer or other third party having any rights to the meeting information you have made accessible to the Service, and applicable law, you are authorized and entitled to share with your meeting guests the Meeting Record generated by and delivered via the Service, at your discretion and liability.

7.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you must not:

  • (a) reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, transmit, or publicly perform the Service;
  • (b) make modifications to the Service;
  • (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
  • (d) access or use the Service in violation of any usage restrictions or other limitations associated with the level of Service you (or your Organization) have selected to access and purchased, if applicable.

If you are prohibited under applicable law from using the Service, you may not use it.

7.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Scribbl an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. You warrant that (i) either you own the Feedback or have the right to submit the Feedback and (ii) the use of Feedback by Scribbl or a third party will not violate any third party’s rights.

8. Conditions of Use

8.1. Participant Conduct. You and your meeting guests are solely responsible for any meeting discussion that becomes part of the Meeting Record, including with respect to any unintelligible meeting discussion that Scribbl attempts to clarify and make intelligible. You and your meeting guests may not use the Service to record and process meeting discussion that:

  • (a) (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes gambling or unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, spam, pyramid schemes, contests, sweepstakes, or any other form of solicitation; or (vi) in the sole discretion of Scribbl, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Scribbl or its users to any harm or liability of any type;
  • (b) violates the rights or confidentiality of your employer or any other third party;
  • (c) is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
  • (d) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • (e) seeks to collect email addresses or other contact information for the purpose of sending unsolicited emails or other unsolicited communications;
  • (f) solicits personal information from someone under the age of 18; or
  • (g) seeks to access or obtain any information through any means not made available or provided for through the Service.

Scribbl reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, deleting the offending meeting information and terminating the Scribbl accounts of violators or blocking one’s access and use of the Service. Scribbl does not control the meeting discussion and does not guarantee the accuracy, integrity, or quality of the Meeting Record, including with respect to unintelligible portions of a Meeting Record that Scribbl endeavors to clarify and make intelligible. Under no circumstances will Scribbl be liable in any way whatsoever for the Meeting Record or any other meeting information. If there should arise a dispute between you and any other user of the Service, Scribbl is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.

8.2. Transmitting Meeting Information Via the Service. By accessing and using the Service, you represent and warrant that you have the right to provide Scribbl with, and for Scribbl to store, transmit, and process, all data and information provided by you and your meeting guests when you use the Service. By accessing and using the Service, you and your meeting guests also acknowledge and agree that:

  • (a) Your and your meeting guests’ access and use of the Service, including the recording, processing, and delivery to you and your meeting guests of information generated from a meeting to which you invite Scribbl and engage the Service, are solely at your and your meeting guests’ own risk;
  • (b) You are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recording as required under applicable law, and the collection, use, and transfer of personal information as outlined in the Privacy Policy; and
  • (c) If you access and use the Service in connection with your employment or other work for a third party, you agree to adhere to your employer’s or such third party’s policies, guidelines, and procedures concerning: (i) any meeting information you make accessible to Scribbl for recording and processing by our Service, and (ii) any meeting information that our Service transmit to your meeting guests.

8.3. Limited License Grant to Scribbl. You retain all ownership rights to the Meeting Records processed using the Service. You grant Scribbl a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, export, process, transform, and distribute your Meeting Records, in whole or in part, in any media formats and through any media channels now known or hereafter developed in a manner that is under your control. You may delete Meeting Records from your account. Once it has been permanently deleted either by direct action by you or on expiration of the specified retention period, no record of the Meeting Records is retained and the Meeting Records cannot be recreated by Scribbl.

9. Compliance.

With respect to Meeting Records, data, recordings, and information provided by you through the Service or that we collect in connection with the Service (“Data”); you are solely responsible (a) for any Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service. You represent and warrant that you have obtained and will maintain all rights, consents, and authorizations required to grant Scribbl the rights and licenses set forth in these Terms and to enable Scribbl to exercise its rights under the same without violation or infringement of the rights of any third party.

10. Use of Aggregated Data.

You acknowledge and agree that Scribbl may collect, create, process, transmit, store, use, and disclose aggregated and/or deidentified data derived from Data or use of the Services (“Aggregated Data”) for its business purposes, including for machine learning and training, industry analysis, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or deidentified form only and will not identify you. Nothing in these Terms gives you any rights in or to any part of the Service or Aggregated Data.

11. Third Party Links.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. Intellectual Property Rights.

Scribbl and/or its third-party licensors own all right, title, and interest in and to the Scribbl software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, names, logos, algorithms, and all other elements of the Service (“Scribbl Materials”), including all updates, upgrades, fixes, and any other modifications made to the Scribbl Materials and all derivative works thereof and intellectual property rights throughout the universe therein. Scribbl reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Scribbl Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms. Accordingly, you agree not to copy, modify, create derivative works of, disassemble, decompile, or otherwise reverse engineer any components of the Scribbl Materials, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. All goodwill generated from the use of Scribbl Materials will inure to Scribbl’s exclusive benefit.

13. Term and Termination

13.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in these Terms.

13.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Scribbl may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us at mike@scribbl.co.

13.3. Effects of Termination. Upon termination of these Terms:

  • (a) your license rights will terminate, and you must immediately cease all use of the Service;
  • (b) you will no longer be authorized to access your account or the Service;
  • (c) you must pay Scribbl any unpaid amount that was due prior to termination; and
  • (d) all payment obligations accrued prior to termination.

Scribbl has no obligation to provide, maintain, or store any of your data, including Meeting Records.

13.4. Modification of the Service. Scribbl reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Scribbl will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

13.5. Surviving Terms. The following sections “Feedback,” “Intellectual Property Rights & Licenses,” “Term and Termination,” “Warranty Disclaimer and Limitation of Liability,” “Indemnification and Release,” “Dispute Resolution,” and “Miscellaneous” shall survive any termination.

14. Warranty Disclaimer.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or from the use of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY6SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCRIBBL NOR ANY PERSON ASSOCIATED WITH SCRIBBL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SCRIBBL NOR ANYONE ASSOCIATED WITH SCRIBBL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE,RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, SCRIBBL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, SCRIBBL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OFANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE (EVEN IF SCRIBBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS ORUSE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE AND ANY MEETING INFORMATION AVAILABLE THEREON; (2) AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEETING RECORDS; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOUR MEETING GUESTS) ONTHE SERVICE; OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SCRIBBL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES YOU HAVE PAID TO SCRIBBL IN THE LAST SIX (6) MONTHS,7 OR, IF GREATER ONE HUNDRED DOLLARS ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

16. Indemnification and Release.

To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Scribbl and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your access to and use of the Service and any meeting content, any breach by you of the Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

17. Governing Law and Jurisdiction

17.1. All matters relating to Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

17.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Arbitration.

At Scribbl’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

19. No Class Actions.

YOU AND SCRIBBL 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. Further, unless both you and Scribbl agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

20. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Notice of Copyright Infringement.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by e-mail to: mike@scribbl.co. Please include the following information in your written notice:

  1. A detailed description of the copyrighted work that is allegedly infringed upon;
  2. A description of the location of the allegedly infringing material in the Service, with enough detail to enable us to find it in the Service;
  3. Your contact information, including your name, address, telephone number, and, if available, e-mail address;
  4. A statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
  6. An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Any notice to Scribbl claiming copyright infringement that does not comply with the requirements of this provision will not receive a response.

22. Miscellaneous

22.1. General. These Terms and all the policies referenced herein constitute the entire agreement between Scribbl and you concerning the subject matter hereof and thereof, and it may only be modified by a written amendment signed by an authorized officer of Scribbl. The section titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof to be unlawful, void, or unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You may not assign your rights under the Agreement to any party without Scribbl’s consent. Scribbl may assign its rights under the Agreement, in whole or in part, at any time without notice to you.

22.2. Notice For California Users And California Civil Code Section 1789.3 Compliance. When the Site charges you for our Service, pricing information will be posted as part of the ordering process. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254. You may contact Scribbl at mike@scribbl.co

22.3. Contact. The Services are operated by Scribbl, Inc. Please contact us by email to mike@scribbl.co with any questions regarding the Terms or the Service. Please report any violations of the Terms to mike@scribbl.co.

Terms of Service

Welcome to Scribbl.co (the “Site”)! These Terms of Service (“Terms of Service”) together with any documents referenced below (like our Privacy Policy) are, collectively, the “Agreement.” As long as you comply with this Agreement, Scribbl will make the Site, information, content, and services available on the Site. The Site also includes any mobile websites, applications, email notifications and correspondence, or other informational sites owned and operated by us.

This Agreement is a legally binding contract between Scribbl Inc. (“we”, “us”, or “our”) and you, the person visiting the Site or accessing and using Service (referred to throughout this Agreement as “you” “your”, “yours” or “yourself”).  Whether you do so as an account holding user or as a guest, by either clicking to accept this Agreement or by accessing or using the Site, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.  If you are accepting this Agreement on behalf of a corporation or other legal entity, you represent and warrant that you have the necessary power and authority to enter into this Agreement on behalf of such entity and bind it to these terms.  If you do not agree to be bound by the terms of this Agreement, you must not click that you accept or access or use the Service.

Access to and Use of the Service.

A NOTE ABOUT CUSTOMERS.

Some customers use our Service for their own personal purposes and some use them for business purposes as part of their work. If you are entering this Agreement in order to use the Service for the purpose of conducting your organization’s business, then all references to “you,” “your,” “yours,” and “yourself” mean the organization that you represent.  If you will be using the service for your own personal purposes, then all references to “you,” “your”, “yours” and “yourself” mean you, as an individual.

DESCRIPTION OF OUR SERVICE.

The Site also includes any associated mobile websites, applications, email notifications and correspondence, or other informational sites owned and operated by Scribbl Inc. Subject to the restrictions on use set forth in this Agreement, you may use the Service to:

  • Record the discussion that takes place in a meeting to which you invite Scribbl to join and retain such recorded discussion in an audio file, transcribe and store the output of a meeting, including the audio content, participants and any documentation associated with that meeting (“Meeting Record”) that can be searched and reviewed by you and shared by you with your meeting guests following your meeting;
  • Generate a list of key words derived from the Meeting Record in written form to facilitate the participants’ recollection of the meeting discussion; and
  • Generate a meeting transcription (i.e. in written form) which identifies elements of the meeting that you or other meeting guests have designated as noteworthy.

ELIGIBILITY.

You may not use the Service if you are under eighteen (18) years of age. By accessing the Service, you represent and warrant that you have the right, authority and capacity to enter into the Terms and to abide by all of the terms and conditions set forth in the Terms.  If you elect to use Service in connection with your employment or your work for a third party, you also represent and warrant that you have all right, authority, permission and third party approvals necessary to allow the Service to record and process your business meeting information to the extent such information is proprietary to such employer or third party.

REGISTRATION.

User ID and Security. In order to access and use the Service, you will be required to register on a registration form which will require you to provide personal information (such as your e-mail address) and to select a password (collectively your “User ID”). We reserve the right to refuse registration of, or to cancel, a User ID at our discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID, including the use of your Scribbl account by another. Our use of any personal information you provide to us as part of the registration process (and otherwise) is governed by the terms of our Privacy Policy. You agree to notify Scribbl immediately of any unauthorized use of your account or any other breach of security by email to: scribbl@scribbl.co

EQUIPMENT & RELATED CHARGES.

You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Service via your computer or mobile device.  You acknowledge that third party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Service, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.

RECORDING OF MEETING DISCUSSIONS.

You agree to comply, and you will require your meeting guests to comply, with all applicable laws regarding the privacy of communications occurring during your meetings including informing the participants in your meetings that the meeting discussion is being recorded by Scribbl and (as applicable) honoring any requests by your guests and/or other meeting participants to access the Meeting Record including any personal information you provide to Scribbl as required by law.

Conditions of Use.

PARTICIPANT CONDUCT.

You and your meeting guests are solely responsible for any meeting discussion that becomes part of the Meeting Record, including with respect to any unintelligible meeting discussion that Scribbl attempts to clarify and make intelligible. You and your meeting guests may not use the Service to record and process meeting discussion that:

  • (i) Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes gambling or unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, spam, pyramid schemes, contests, sweepstakes, or any other form of solicitation; or (vi) in the judgment of Scribbl, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Scribbl or its users to any harm or liability of any type;
  • Violates the rights or confidentiality of your employer or any other third party;
  • is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • Seeks to collect email addresses or other contact information for the purpose of sending unsolicited emails or other unsolicited communications;
  • Solicits personal information from someone under the age of 18; or
  • Seeks to access or obtain any information through any means not made available or provided for through the Service.

Scribbl reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, deleting the offending meeting information and terminating the Scribbl accounts of violators or blocking one’s access and use of the Service. Scribbl does not control the meeting discussion, and does not guarantee the accuracy, integrity or quality of the Meeting Record, including with respect to unintelligible portions of a Meeting Record that Scribbl endeavors to clarify and make intelligible. Under no circumstances will Scribbl be liable in any way whatsoever for the Meeting Record or any other meeting information. If there should arise a dispute between you and any other user of the Service, Scribbl is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.

CONDITIONS TO TRANSMITTING MEETING INFORMATION VIA THE SERVICE.

By accessing and using the Service, you represent and warrant that you have the right to provide Scribbl with, and for Scribbl to store, transmit, and process (as described in this Agreement), all data and information provided by you and your meeting guests when you use the Service. By accessing and using the Service, you and your meeting guests also acknowledge and agree that:

  • Your and your meeting guests’ access and use of the Service, including the recording, processing and delivery to you and your meeting guests of information generated from a meeting to which you invite Scribbl and engage the Service, are solely at your and your meeting guests’ own risk;
  • You consent to the collection, use and transfer of personal information as outlined in the Privacy Policy;
  • If your access and use of the Service involves the processing of personal data of EU data subjects (e.g., you are located in the EU and/or you invite meeting guests located in the EU), you acknowledge that you have read and understood the EU data processing terms (the DPA”), agree that it is incorporated into the Agreement by reference and agree to be bound by its terms; and
  • If you access and use the Service in connection with your employment or other work for a third party, you agree to adhere to your employer’s or such third party’s policies, guidelines and procedures concerning: (i) any meeting information you make accessible to Scribbl for recording and processing by our Service, and (ii) any meeting information that our Service transmit to your meeting guests.

As stated in our Privacy Policy, personal information and non-personal information that you submit will be transferred to and stored on servers in the United States.

COMMERCIAL USE.

Unless otherwise expressly authorized by Scribbl, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

FEES & CANCELLATION.

At the conclusion of any applicable free trial period for the Service, you will be required to select a payment plan and provide us with your credit card and associated personal information, and you agree to keep this billing information up-to-date in your Scribbl services account.  You hereby authorize Scribbl to bill your credit card in advance on a periodic basis as required under your payment plan until you terminate your Scribbl services account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Scribbl know within fifteen (15) days after the date that Scribbl’s fee is billed to your credit card.  We reserve the right to change Scribbl’s payment plans and fees and in such event will notify you of such plan and/or fee change on the Site and/or in an email sent to you (at the last email address we have for you in Scribbl’s records) at least 30 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed fee. Unless otherwise stated in the Agreement, all fees paid are non-refundable and obligations to pay are non-cancellable.

Until your Scribbl services account is terminated, your Service subscription (in accordance with the payment plan you selected) will automatically renew and your payment will be deducted in advance of the period set under your payment plan. If you terminate your account in accordance with these Terms of Service before Scribbl processes your payment for a given payment cycle, then you will not be charged for the next payment. Scribbl does not offer refunds or credits for partial periods of service or unused periods.

The fees payable under these Terms of Service are exclusive of any sales, use, excise, value added, import, or other applicable taxes, tariffs or duties (“Taxes”).  You are solely responsible for payment of all Taxes except for any taxes based solely on Scribbl’s net income.  If you are required to pay any Taxes, you will pay such Taxes with no reduction or offset in the fees payable to Scribbl under these Terms of Service. If Scribbl has the legal obligation to pay or collect Taxes for which you are responsible, you agree to pay such Taxes and that we may charge your payment instrument for the same.

Intellectual Property Rights & Licenses.

Scribbl INTELLECTUAL PROPERTY.

Scribbl and/or its third party licensors own all right, title, and interest in and to the Scribbl software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, names, logos, algorithms, and all other elements of the Service (collectively, the “Scribbl Materials”), including all all updates, upgrades, fixes, and any other modifications made to the Scribbl Materials and all derivative works thereof and intellectual property rights throughout the Universe therein. Scribbl reserves all rights not expressly granted in these Terms of Service. You shall not acquire any right, title or interest to the Scribbl Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms of Service. Accordingly, you agree not to copy, modify, create derivative works of, disassemble, decompile or otherwise reverse engineer any components of the Scribbl Materials, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  All goodwill generated from the use of Scribbl Materials will inure to Scribbl’s exclusive benefit.

LIMITED LICENSE TO YOU.

Conditioned upon your compliance with the terms and conditions of the Agreement, Scribbl hereby grants you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable license to access and use the Service for your personal use on a device owned or controlled by you. Upon termination of your Scribbl service account, all license and other rights granted to you in these Terms of Service will immediately cease. Subject to the Agreement, any applicable restrictions of your employer or other third party having any rights to the meeting information you have made accessible to the Service, and applicable law, you are authorized and entitled to share with your meeting guests the Meeting Record generated by and delivered via the Service, at your discretion.

NOTICE OF COPYRIGHT INFRINGEMENT.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by e-mail to: scribbl@scribbl.co. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material in the Service, with enough detail to enable us to find it in the Service; (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Any notice to Scribbl claiming copyright infringement that does not comply with the requirements of this provision will not receive a response.

General Terms.

MODIFICATION OF THE AGREEMENT.

Scribbl reserves the right to modify and/or change any of the terms and conditions of the Agreement or any other policies appearing on the Site at any time and without prior notice. If Scribbl materially modifies the Agreement, it will make reasonable efforts to notify you of the change. For example, we may send a message to your last email address in our files, or generate a notification when you access the Service for the first time after such material changes are made. By continuing to use and access any part of the Service after Scribbl has posted a modification of the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue the use of and access to the Service. The Terms will also govern any upgrades and/or updates provided by Scribbl that upgrades and/or supplement the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

TERM AND TERMINATION.

The Agreement begins on the date you accept it or the date you start using the Site or the Service and will remain in effect until terminated.

If you are using the Site or the Service free of charge, (a) you may terminate the Agreement by simply discontinuing your use of all parts of the Service at any time; and (b) Scribbl may terminate your access to and use of the Service and/or the Agreement, and block, remove or discard Your Data at any time for any reason.

If you have purchased a subscription to the Service and would like to cancel your subscription, you must give notice of your intent to terminate by contacting Scribbl at least thirty (30) days prior to the end of your then-current subscription period. Once you give such notice, your subscription will automatically terminate at the end of your then-current subscription period and no further amounts will be charged to you.  For the avoidance of doubt, you are responsible for paying for your subscription up to the date of termination of the Agreement.

Scribbl may terminate your access to and use of the Service and/or the Agreement, and block, remove or discard Your Data at any time for any reason for any kind of Service, including for Services that are a paid subscription Service or a free Service. Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability to the other immediately on giving written notice to the other if the other party materially breaches the Agreement and does not cure such breach within thirty (30) days of written notice thereof. Notwithstanding the foregoing, we may immediately terminate the Agreement and your license to access and use the Service if you breach any of the conditions of use set forth in these Terms of Service.

Upon any termination of the Agreement all rights and licenses granted to you hereunder will immediately terminate. We have no obligation to provide, maintain, or store your data following termination of the Agreement.

The sections of these Terms of Service entitled “Intellectual Property Rights & Licenses”, “Term and Termination”, “Warranty Disclaimer” and “Limitation of Liability”, “Indemnification and Release”, “Dispute Resolution” and “Miscellaneous” shall survive any termination of the Agreement.

WARRANTY DISCLAIMER.

THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Scribbl DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO the IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON INFRINGEMENT. Scribbl EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO (1) THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY MEETING INFORMATION OR FEATURES MADE AVAILABLE THROUGH THE SERVICE, (2) THE QUALITY OR CONSISTENCY OF THE SERVICE, (3) THE SERVICE BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (4) THE ACCURACY OR RELIABILITY OF THE MEETING RECORDS GENERATED THROUGH THE SERVICE.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL Scribbl, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (EVEN IF Scribbl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE AND ANY MEETING INFORMATION AVAILABLE THEREON; (2) AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEETING RECORDS; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOUR MEETING GUESTS) ON THE SERVICE; OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Scribbl’s TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES YOU HAVE PAID TO Scribbl IN THE LAST SIX (6) MONTHS, OR, IF GREATER ONE HUNDRED DOLLARS ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

INDEMNIFICATION AND RELEASE.

To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Scribbl and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your access to and use of the Service and any meeting content, any breach by you of the Agreement, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND Scribbl.

By using the Site and accessing or using the Service, you agree that the laws of the State of Massachusetts excluding that state’s choice-of-law principles will govern the Agreement, the breach thereof, and any dispute of any sort that might arise between you and Scribbl, whether sounding in contract, tort or otherwise.

YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND Scribbl ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND Scribbl 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 CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.

Any and all disputes between you and Scribbl, whether arising under or related in any way to the Agreement or your access to and use of the Service or otherwise, must be resolved through binding arbitration as described in this Dispute Resolution provision. Scribbl provides the Service to you on the condition that you accept binding arbitration and dispute resolution provisions in this Dispute Resolution provision, so if you initiate any claim against Scribbl in any other manner, you shall be in violation of the Agreement and you agree that Scribbl shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Scribbl for its reasonable costs incurred in defending against such improperly initiated claim.

YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THE AGREEMENT WITHIN TWELVE (12) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT TWELVE-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THE AGREEMENT WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED). This provision barring claims older than twelve months shall be deemed to constitute a separate written legally binding agreement by and between you and Scribbl.

PRIVACY.

We respect your privacy.  Please see our Privacy Policy.  By visiting the Site and accessing and using the Service, you consent to our collection and use of your personal information as set forth in the Privacy Policy.

YOUR SUGGESTIONS AND IDEAS.

Scribbl and its employees are in constant development of new services, technologies, service enhancements, processes, materials, and marketing and promotional plans. We welcome you to submit your ideas for us to review. However, if and when you submit any ideas or suggestions: (a) all information you submit will be treated as non-confidential and non-proprietary; (b) all information you submit will become the property of Scribbl, except for any personal information you submit or we collect from you in accordance with our Privacy Policy; (c) you will be solely responsible for any submission, including the legality, reliability, appropriateness, originality and copyright of such submissions; (d) you warrant that (i) either you own the information submitted or have the right to submit such information and (ii) the use of such information by Scribbl or a third party will not violate any third party’s rights; (e) Scribbl reserves the right, in its sole discretion, to reproduce, disclose or otherwise use, any such information for its own benefit or the benefit of others; and (g) Scribbl will not pay you or others for any such information, use, reproduction or disclosure.

LINKS TO THIRD PARTY WEBSITES.

Throughout the Site, we sometimes provide links to web sites maintained by third parties. Our linking to such third-party web sites does not imply an endorsement, guarantee, approval or sponsorship of such web sites, or the information, products or services offered on or through such websites. Nor do we warrant that these websites will not contain viruses or otherwise impact your computer or mobile device. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the web sites linked to by us on the Site. You should direct any concerns regarding any externally linked web site to its site administrator or webmaster.

NOTICE FOR CALIFORNIA USERS AND CALIFORNIA CIVIL CODE SECTION 1789.3 COMPLIANCE.

When the Site charges you for our Service, pricing information will be posted as part of the ordering process. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254.  You may contact Scribbl at scribbl@scribbl.co

CONTACTING US AND VIOLATIONS OF THE AGREEMENT.

Please contact us by email to scribbl@scribbl.co with any questions regarding the Agreement or the Service. Please report any violations of the Agreement to scribbl@scribbl.co.

MISCELLANEOUS.

(1) The Agreement and all the policies referenced herein constitute the entire agreement between Scribbl and you concerning the subject matter hereof and thereof, and it may only be modified by a written amendment signed by an authorized officer of Scribbl. Notwithstanding the foregoing, you agree that we may revise and update this Agreement from time to time; all changes or updates to the Agreement are effective immediately when we post them and will apply to your access to and use of the Service after such date.

(2) The section titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.

(3) The Agreement shall be governed by and interpreted under the laws of the State of Massachusetts regardless of your country of origin or where you access and use the Service, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods.

(4) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

(5) If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unlawful, void or unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.

(6) You may not assign your rights under the Agreement to any party without Scribbl’s consent.

(7) Scribbl may assign its rights under the Agreement, in whole or in part, at any time without notice to you.

Published on 6/25/2021.

© 2021 Scribbl, Inc. All rights reserved.

Welcome to Scribbl.co (the “Site”)! These Terms of Service (“Terms of Service”) together with any documents referenced below (like our Privacy Policy) are, collectively, the “Agreement.” As long as you comply with this Agreement, Scribbl will make the Site, information, content, and services available on the Site. The Site also includes any mobile websites, applications, email notifications and correspondence, or other informational sites owned and operated by us.

This Agreement is a legally binding contract between Scribbl Inc. (“we”, “us”, or “our”) and you, the person visiting the Site or accessing and using Service (referred to throughout this Agreement as “you” “your”, “yours” or “yourself”).  Whether you do so as an account holding user or as a guest, by either clicking to accept this Agreement or by accessing or using the Site, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.  If you are accepting this Agreement on behalf of a corporation or other legal entity, you represent and warrant that you have the necessary power and authority to enter into this Agreement on behalf of such entity and bind it to these terms.  If you do not agree to be bound by the terms of this Agreement, you must not click that you accept or access or use the Service.

Access to and Use of the Service.

A NOTE ABOUT CUSTOMERS.

Some customers use our Service for their own personal purposes and some use them for business purposes as part of their work. If you are entering this Agreement in order to use the Service for the purpose of conducting your organization’s business, then all references to “you,” “your,” “yours,” and “yourself” mean the organization that you represent.  If you will be using the service for your own personal purposes, then all references to “you,” “your”, “yours” and “yourself” mean you, as an individual.

DESCRIPTION OF OUR SERVICE.

The Site also includes any associated mobile websites, applications, email notifications and correspondence, or other informational sites owned and operated by Scribbl Inc. Subject to the restrictions on use set forth in this Agreement, you may use the Service to:

  • Record the discussion that takes place in a meeting to which you invite Scribbl to join and retain such recorded discussion in an audio file, transcribe and store the output of a meeting, including the audio content, participants and any documentation associated with that meeting (“Meeting Record”) that can be searched and reviewed by you and shared by you with your meeting guests following your meeting;
  • Generate a list of key words derived from the Meeting Record in written form to facilitate the participants’ recollection of the meeting discussion; and
  • Generate a meeting transcription (i.e. in written form) which identifies elements of the meeting that you or other meeting guests have designated as noteworthy.

ELIGIBILITY.

You may not use the Service if you are under eighteen (18) years of age. By accessing the Service, you represent and warrant that you have the right, authority and capacity to enter into the Terms and to abide by all of the terms and conditions set forth in the Terms.  If you elect to use Service in connection with your employment or your work for a third party, you also represent and warrant that you have all right, authority, permission and third party approvals necessary to allow the Service to record and process your business meeting information to the extent such information is proprietary to such employer or third party.

REGISTRATION.

User ID and Security. In order to access and use the Service, you will be required to register on a registration form which will require you to provide personal information (such as your e-mail address) and to select a password (collectively your “User ID”). We reserve the right to refuse registration of, or to cancel, a User ID at our discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID, including the use of your Scribbl account by another. Our use of any personal information you provide to us as part of the registration process (and otherwise) is governed by the terms of our Privacy Policy. You agree to notify Scribbl immediately of any unauthorized use of your account or any other breach of security by email to: scribbl@scribbl.co

EQUIPMENT & RELATED CHARGES.

You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Service via your computer or mobile device.  You acknowledge that third party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Service, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.

RECORDING OF MEETING DISCUSSIONS.

You agree to comply, and you will require your meeting guests to comply, with all applicable laws regarding the privacy of communications occurring during your meetings including informing the participants in your meetings that the meeting discussion is being recorded by Scribbl and (as applicable) honoring any requests by your guests and/or other meeting participants to access the Meeting Record including any personal information you provide to Scribbl as required by law.

Conditions of Use.

PARTICIPANT CONDUCT.

You and your meeting guests are solely responsible for any meeting discussion that becomes part of the Meeting Record, including with respect to any unintelligible meeting discussion that Scribbl attempts to clarify and make intelligible. You and your meeting guests may not use the Service to record and process meeting discussion that:

  • (i) Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes gambling or unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, spam, pyramid schemes, contests, sweepstakes, or any other form of solicitation; or (vi) in the judgment of Scribbl, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Scribbl or its users to any harm or liability of any type;
  • Violates the rights or confidentiality of your employer or any other third party;
  • is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • Seeks to collect email addresses or other contact information for the purpose of sending unsolicited emails or other unsolicited communications;
  • Solicits personal information from someone under the age of 18; or
  • Seeks to access or obtain any information through any means not made available or provided for through the Service.

Scribbl reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, deleting the offending meeting information and terminating the Scribbl accounts of violators or blocking one’s access and use of the Service. Scribbl does not control the meeting discussion, and does not guarantee the accuracy, integrity or quality of the Meeting Record, including with respect to unintelligible portions of a Meeting Record that Scribbl endeavors to clarify and make intelligible. Under no circumstances will Scribbl be liable in any way whatsoever for the Meeting Record or any other meeting information. If there should arise a dispute between you and any other user of the Service, Scribbl is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.

CONDITIONS TO TRANSMITTING MEETING INFORMATION VIA THE SERVICE.

By accessing and using the Service, you represent and warrant that you have the right to provide Scribbl with, and for Scribbl to store, transmit, and process (as described in this Agreement), all data and information provided by you and your meeting guests when you use the Service. By accessing and using the Service, you and your meeting guests also acknowledge and agree that:

  • Your and your meeting guests’ access and use of the Service, including the recording, processing and delivery to you and your meeting guests of information generated from a meeting to which you invite Scribbl and engage the Service, are solely at your and your meeting guests’ own risk;
  • You and your meeting guests consent to the collection, use and transfer of personal information as outlined in the Privacy Policy;
  • If you access and use the Service in connection with your employment or other work for a third party, you agree to adhere to your employer’s or such third party’s policies, guidelines and procedures concerning: (i) any meeting information you make accessible to Scribbl for recording and processing by our Service, and (ii) any meeting information that our Service transmit to your meeting guests.

As stated in our Privacy Policy, personal information and non-personal information that you submit will be transferred to and stored on servers in the United States. You are fully responsible and liable for all breaches of the foregoing warranty.

COMMERCIAL USE.

Unless otherwise expressly authorized by Scribbl, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

FEES & CANCELLATION.

At the conclusion of any applicable free trial period for the Service, you will be required to select a payment plan and provide us with your credit card and associated personal information, and you agree to keep this billing information up-to-date in your Scribbl services account.  You hereby authorize Scribbl to bill your credit card in advance on a periodic basis as required under your payment plan until you terminate your Scribbl services account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Scribbl know within fifteen (15) days after the date that Scribbl’s fee is billed to your credit card.  We reserve the right to change Scribbl’s payment plans and fees and in such event will notify you of such plan and/or fee change on the Site and/or in an email sent to you (at the last email address we have for you in Scribbl’s records) at least 30 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed fee. Unless otherwise stated in the Agreement, all fees paid are non-refundable and obligations to pay are non-cancellable.

Until your Scribbl services account is terminated, your Service subscription (in accordance with the payment plan you selected) will automatically renew and your payment will be deducted in advance of the period set under your payment plan. If you terminate your account in accordance with these Terms of Service before Scribbl processes your payment for a given payment cycle, then you will not be charged for the next payment. Scribbl does not offer refunds or credits for partial periods of service or unused periods.

The fees payable under these Terms of Service are exclusive of any sales, use, excise, value added, import, or other applicable taxes, tariffs or duties (“Taxes”).  You are solely responsible for payment of all Taxes except for any taxes based solely on Scribbl’s net income.  If you are required to pay any Taxes, you will pay such Taxes with no reduction or offset in the fees payable to Scribbl under these Terms of Service. If Scribbl has the legal obligation to pay or collect Taxes for which you are responsible, you agree to pay such Taxes and that we may charge your payment instrument for the same.

Intellectual Property Rights & Licenses.

Scribbl INTELLECTUAL PROPERTY.

Scribbl and/or its third party licensors own all right, title, and interest in and to the Scribbl software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, names, logos, algorithms, and all other elements of the Service (collectively, the “Scribbl Materials”), including all all updates, upgrades, fixes, and any other modifications made to the Scribbl Materials and all derivative works thereof and intellectual property rights throughout the Universe therein. Scribbl reserves all rights not expressly granted in these Terms of Service. You shall not acquire any right, title or interest to the Scribbl Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms of Service. Accordingly, you agree not to copy, modify, create derivative works of, disassemble, decompile or otherwise reverse engineer any components of the Scribbl Materials, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  All goodwill generated from the use of Scribbl Materials will inure to Scribbl’s exclusive benefit.

YOUR OWNERSHIP AND LICENSE TO Scribbl.

You own all right, title, and interest in and to your data that you or your meeting guests provide directly to the Service (“Your Data”). In order for us to provide the Service, you grant Scribbl a royalty-free, non-exclusive, irrevocable (for so long as your Scribbl account remains in good standing), worldwide, sublicensable license and right to: (1) record, store, process, display, modify, index, perform, create derivative analytics and outputs for your use, and transmit Customer Information to sub-processors, including the meeting discussion in whole or in part between you and your meeting guests; (2) analyze and process the Meeting Record; (3) process the Meeting Record; (4) store, retain, make accessible, transmit, and transfer meeting information (including your and your meeting guests’ information) among the meeting participants and solely as otherwise required to provide the Service to you; and (5) sublicense these rights to third parties with which Scribbl has contractual service provider relationships for the purpose of providing the Service.  Other than the licenses you grant Scribbl above, we acknowledge and agree that Scribbl obtains no right, title or interest from you (or your meeting guests) to any of your meeting information including but not limited to the Meeting Record.

LIMITED LICENSE TO YOU.

Conditioned upon your compliance with the terms and conditions of the Agreement, Scribbl hereby grants you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable license to access and use the Service for your personal use on a device owned or controlled by you. Upon termination of your Scribbl service account, all license and other rights granted to you in these Terms of Service will immediately cease. Subject to the Agreement, any applicable restrictions of your employer or other third party having any rights to the meeting information you have made accessible to the Service, and applicable law, you are authorized and entitled to share with your meeting guests the Meeting Record generated by and delivered via the Service, at your discretion.

NOTICE OF COPYRIGHT INFRINGEMENT.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by e-mail to: scribbl@scribbl.co. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material in the Service, with enough detail to enable us to find it in the Service; (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Any notice to Scribbl claiming copyright infringement that does not comply with the requirements of this provision will not receive a response.

General Terms.

MODIFICATION OF THE AGREEMENT.

Scribbl reserves the right to modify and/or change any of the terms and conditions of the Agreement or any other policies appearing on the Site at any time and without prior notice. If Scribbl materially modifies the Agreement, it will make reasonable efforts to notify you of the change. For example, we may send a message to your last email address in our files, or generate a notification when you access the Service for the first time after such material changes are made. By continuing to use and access any part of the Service after Scribbl has posted a modification of the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue the use of and access to the Service. The Terms will also govern any upgrades and/or updates provided by Scribbl that upgrades and/or supplement the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

TERM AND TERMINATION.

The Agreement begins on the date you accept it or the date you start using the Site or the Service and will remain in effect until terminated.

If you are using the Site or the Service free of charge, (a) you may terminate the Agreement by simply discontinuing your use of all parts of the Service at any time; and (b) Scribbl may terminate your access to and use of the Service and/or the Agreement, and block, remove or discard Your Data at any time for any reason.

If you have purchased a subscription to the Service and would like to cancel your subscription, you must give notice of your intent to terminate by contacting Scribbl at least thirty (30) days prior to the end of your then-current subscription period. Once you give such notice, your subscription will automatically terminate at the end of your then-current subscription period and no further amounts will be charged to you.  For the avoidance of doubt, you are responsible for paying for your subscription up to the date of termination of the Agreement.

Scribbl may terminate your access to and use of the Service and/or the Agreement, and block, remove or discard Your Data at any time for any reason for any kind of Service, including for Services that are a paid subscription Service or a free Service. Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability to the other immediately on giving written notice to the other if the other party materially breaches the Agreement and does not cure such breach within thirty (30) days of written notice thereof. Notwithstanding the foregoing, we may immediately terminate the Agreement and your license to access and use the Service if you breach any of the conditions of use set forth in these Terms of Service.

Upon any termination of the Agreement all rights and licenses granted to you hereunder will immediately terminate. We have no obligation to provide, maintain, or store your data following termination of the Agreement.

The sections of these Terms of Service entitled “Intellectual Property Rights & Licenses”, “Term and Termination”, “Warranty Disclaimer” and “Limitation of Liability”, “Indemnification and Release”, “Dispute Resolution” and “Miscellaneous” shall survive any termination of the Agreement.

WARRANTY DISCLAIMER.

THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Scribbl DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO the IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON INFRINGEMENT. Scribbl EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO (1) THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY MEETING INFORMATION OR FEATURES MADE AVAILABLE THROUGH THE SERVICE, (2) THE QUALITY OR CONSISTENCY OF THE SERVICE, (3) THE SERVICE BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (4) THE ACCURACY OR RELIABILITY OF THE MEETING RECORDS GENERATED THROUGH THE SERVICE.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL Scribbl, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (EVEN IF Scribbl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE AND ANY MEETING INFORMATION AVAILABLE THEREON; (2) AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEETING RECORDS; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOUR MEETING GUESTS) ON THE SERVICE; OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Scribbl’s TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES YOU HAVE PAID TO Scribbl IN THE LAST SIX (6) MONTHS, OR, IF GREATER ONE HUNDRED DOLLARS ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

INDEMNIFICATION AND RELEASE.

To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Scribbl and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your access to and use of the Service and any meeting content, any breach by you of the Agreement, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND Scribbl.

By using the Site and accessing or using the Service, you agree that the laws of the State of Massachusetts excluding that state’s choice-of-law principles will govern the Agreement, the breach thereof, and any dispute of any sort that might arise between you and Scribbl, whether sounding in contract, tort or otherwise.

YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND Scribbl ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND Scribbl 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 CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.

Any and all disputes between you and Scribbl, whether arising under or related in any way to the Agreement or your access to and use of the Service or otherwise, must be resolved through binding arbitration as described in this Dispute Resolution provision. Scribbl provides the Service to you on the condition that you accept binding arbitration and dispute resolution provisions in this Dispute Resolution provision, so if you initiate any claim against Scribbl in any other manner, you shall be in violation of the Agreement and you agree that Scribbl shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Scribbl for its reasonable costs incurred in defending against such improperly initiated claim.

YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THE AGREEMENT WITHIN TWELVE (12) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT TWELVE-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THE AGREEMENT WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED). This provision barring claims older than twelve months shall be deemed to constitute a separate written legally binding agreement by and between you and Scribbl.

PRIVACY.

We respect your privacy.  Please see our Privacy Policy.  By visiting the Site and accessing and using the Service, you consent to our collection and use of your personal information as set forth in the Privacy Policy.

YOUR SUGGESTIONS AND IDEAS.

Scribbl and its employees are in constant development of new services, technologies, service enhancements, processes, materials, and marketing and promotional plans. We welcome you to submit your ideas for us to review. However, if and when you submit any ideas or suggestions: (a) all information you submit will be treated as non-confidential and non-proprietary; (b) all information you submit will become the property of Scribbl, except for any personal information you submit or we collect from you in accordance with our Privacy Policy; (c) you will be solely responsible for any submission, including the legality, reliability, appropriateness, originality and copyright of such submissions; (d) you warrant that (i) either you own the information submitted or have the right to submit such information and (ii) the use of such information by Scribbl or a third party will not violate any third party’s rights; (e) Scribbl reserves the right, in its sole discretion, to reproduce, disclose or otherwise use, any such information for its own benefit or the benefit of others; and (g) Scribbl will not pay you or others for any such information, use, reproduction or disclosure.

LINKS TO THIRD PARTY WEBSITES.

Throughout the Site, we sometimes provide links to web sites maintained by third parties. Our linking to such third-party web sites does not imply an endorsement, guarantee, approval or sponsorship of such web sites, or the information, products or services offered on or through such websites. Nor do we warrant that these websites will not contain viruses or otherwise impact your computer or mobile device. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the web sites linked to by us on the Site. You should direct any concerns regarding any externally linked web site to its site administrator or webmaster.

NOTICE FOR CALIFORNIA USERS AND CALIFORNIA CIVIL CODE SECTION 1789.3 COMPLIANCE.

When the Site charges you for our Service, pricing information will be posted as part of the ordering process. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254.  You may contact Scribbl at scribbl@scribbl.co

CONTACTING US AND VIOLATIONS OF THE AGREEMENT.

Please contact us by email to scribbl@scribbl.co with any questions regarding the Agreement or the Service. Please report any violations of the Agreement to scribbl@scribbl.co.

MISCELLANEOUS.

(1) The Agreement and all the policies referenced herein constitute the entire agreement between Scribbl and you concerning the subject matter hereof and thereof, and it may only be modified by a written amendment signed by an authorized officer of Scribbl. Notwithstanding the foregoing, you agree that we may revise and update this Agreement from time to time; all changes or updates to the Agreement are effective immediately when we post them and will apply to your access to and use of the Service after such date.

(2) The section titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.

(3) The Agreement shall be governed by and interpreted under the laws of the State of Massachusetts regardless of your country of origin or where you access and use the Service, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods.

(4) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

(5) If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unlawful, void or unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.

(6) You may not assign your rights under the Agreement to any party without Scribbl’s consent.

(7) Scribbl may assign its rights under the Agreement, in whole or in part, at any time without notice to you.

Published on 6/25/2021.

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