Terms of Service

Welcome to Binaurals.ai! Before you access our Services, please read these Terms of Service.

These Terms of Service ("Terms") govern your use of Binaurals.ai, including our AI-powered Negotiation Chat, AI Meeting Intelligence, AI Negotiation Simulator, and other products and services that we may offer for individuals, along with any associated apps, software, and websites (together, our "Services"). These Terms are a contract between you and Binaurals, Inc. ("Binaurals," "Company," "we," "us," or "our"). By accessing our Services, you agree to these Terms.

Please read our Privacy Policy, which describes how we collect and use personal information.

For clarity, our separate Commercial Terms of Service govern enterprise, team, and API access to our Services. These Consumer Terms do not apply to those offerings.

1. Who We Are

Binaurals, Inc. is an AI-powered negotiation technology company. We develop and deploy proprietary Negotiation Intelligence — a specialized layer of negotiation expertise, frameworks, and strategies — that operates on top of third-party large language model providers. Our Services combine these foundational AI models with our proprietary technology to deliver AI-assisted negotiation guidance through a conversational chat interface.

Binaurals, Inc. is incorporated in the State of Delaware with its principal address at 2261 Market Street #10815, San Francisco, CA 94114.

2. Account Creation and Access

Minimum Age. You must be at least 18 years old to create an account or use our Services. The Company does not permit those under 18 to use the Services.

Your Account. To access our Services, you must create an account using a work email address. Personal email domains (such as Gmail, Yahoo, Outlook, iCloud, and similar consumer providers) are not permitted. Account creation is completed via a one-time passcode sent to your work email.

You agree to provide an accurate, current, and complete email address and to keep your account information up to date. Our communications to you using your account information will satisfy any requirements for legal notices.

You may not share your account access with anyone else or make your account available to any other person. You are responsible for all activity occurring under your account, and you agree to notify us immediately at support@binaurals.ai if you become aware of any unauthorized access.

You may close your account at any time by contacting us at support@binaurals.ai.

3. How Our Services Work

Our Services are powered by a combination of third-party large language model providers and our proprietary Negotiation Intelligence. When you interact with our AI Negotiation Chat, your Inputs are processed through third-party AI infrastructure, enhanced by our proprietary negotiation frameworks, strategies, and domain expertise.

By using our Services, you acknowledge that your Inputs may be transmitted to and processed by these third-party AI infrastructure providers in accordance with their respective terms and privacy policies. We select and configure these providers to align with our quality and security standards, but their underlying model capabilities, limitations, and infrastructure are governed by their own terms.

4. AI Meeting Intelligence and Live Transcription

Our Services include AI Meeting Intelligence features that provide real-time transcription, coaching, and analysis during meetings and calls ("Meeting Intelligence Features"). These features are powered by our patent-pending technology in combination with third-party speech-to-text services. When you activate Meeting Intelligence Features:

(a) Audio Processing. The Service processes audio in real time for the sole purpose of generating text-based transcripts and AI-powered analyses. Audio data is processed ephemerally — it is not recorded, stored, or retained by Binaurals in any form. Only the resulting text-based transcripts and analyses are persisted.

(b) Local Operation. Meeting Intelligence Features operate locally on your device. The Service does not join meetings, calls, or conferences as a visible bot, attendee, or participant. Other meeting participants cannot see or detect the application through their meeting platform.

(c) Selective Audio Processing. The Service utilizes our patent-pending technology to enable selective processing of meeting audio. This technology allows the Service to differentiate between your audio and the audio of other meeting participants, and to independently control the processing of each. The specific methods, systems, and processes by which selective audio processing is achieved are proprietary to Binaurals and are the subject of one or more pending patent applications.

(d) What We Store. The Service stores text-based data from your Meeting Intelligence sessions, which may include: text transcripts (including speaker identification and timestamps), AI coaching analyses, summaries, and related text-based content. No audio data is created, recorded, or retained.

(e) Third-Party Processing.Audio data is transmitted in real time to our third-party speech-to-text provider for transcription processing. This transmission is ephemeral — audio is not retained after processing. Text transcripts returned by the provider are subject to the data handling practices described in Section 8 ("Inputs, Outputs, and Materials") of these Terms.

5. Participant Consent and Recording Laws

(a) Your Obligation to Obtain Consent.You are solely responsible for complying with all applicable federal, state, local, and international laws governing the monitoring, recording, interception, or transcription of communications, including but not limited to two-party (all-party) consent laws, wiretapping statutes, and eavesdropping regulations (collectively, "Recording Laws"). You acknowledge that many jurisdictions require the consent of all parties to a conversation before that conversation may be monitored or transcribed. You represent and warrant that you will obtain all legally required consents from all meeting participants before activating Meeting Intelligence Features.

(b) In-Product Consent Tools. The Service includes patent-pending consent management technology designed to assist you in meeting your consent obligations. These tools include:

(i) Pre-Session Notice. Before activating Meeting Intelligence Features, you will be presented with a notice reminding you of your obligation to inform meeting participants and obtain their consent.

(ii) Consent Guidance. Upon activation, the Service provides suggested language for you to deliver verbally to meeting participants to request their consent. You are responsible for delivering this consent request.

(iii) Automated Consent Detection. The Service uses our patent-pending technology to monitor participant responses and detect indications of consent acceptance or refusal. The specific methods, timing, and processes by which consent detection is achieved are proprietary to Binaurals.

(iv) Automated Response to Consent Refusal.If the Service detects that a participant has refused consent, it will automatically cease processing that participant's audio using our patent-pending selective audio processing technology. Your own audio will continue to be processed for your personal use.

(v) Manual Controls. You may manually control participant audio processing at any time during a session through the Service interface.

(c) These tools are provided as aids to assist you and do not relieve you of your independent legal obligation to comply with applicable Recording Laws. The automated consent detection feature uses advanced technology but is not guaranteed to detect all expressions of consent or refusal. You remain solely responsible for ensuring that all participants have affirmatively consented before proceeding with transcription of their communications.

(d) No Legal Advice. The consent tools, guidance, and features described in this Section 5 do not constitute legal advice. Recording Laws vary significantly by jurisdiction and circumstance. You should consult with qualified professionals to understand your obligations under applicable Recording Laws.

6. AI Negotiation Simulator

Our Services include an AI Negotiation Simulator that enables you to practice and develop your negotiation skills against an AI-powered opponent ("Simulator"). The Simulator is a professional training tool designed to prepare you for real-world negotiations. By using the Simulator, you acknowledge and agree to the following:

(a) Intentionally Adversarial Training Environment. The Simulator is designed to challenge you. It will adopt the role of a skilled negotiation counterpart and employ advanced negotiation tactics — including applying pressure, challenging your positions, creating urgency, and testing your resolve — to prepare you for difficult real-world scenarios. This adversarial behavior is an intentional feature of the training experience, not a malfunction or expression of genuine hostility.

(b) Simulated Conduct, Not Real Intent. During a simulation session, the AI may make claims, present positions, issue ultimatums, reference competitors, create artificial deadlines, or employ other negotiation tactics that are entirely fabricated for training purposes. Nothing stated by the AI during a simulation session represents a real position, genuine intent, factual claim, or the views of Binaurals, Inc. All AI responses within the Simulator are fictional and generated solely for educational purposes.

(c) Emotional Intensity and User Wellbeing. Negotiation training is inherently challenging. The Simulator is designed to subject you to realistic pressure that may cause stress, frustration, or emotional discomfort. This intensity is a deliberate aspect of the professional training methodology. You acknowledge that you are voluntarily choosing to engage with an adversarial training environment. If you feel overwhelmed, uncomfortable, or distressed at any time during a simulation session, you should stop the session immediately. You may end any session at any time by indicating that you wish to stop, and the Simulator will cease its adversarial role.

(d) Hard Mode.The Simulator offers an optional elevated difficulty setting ("Hard Mode") that removes the on-screen text transcript of the AI opponent's responses. In Hard Mode, you must rely solely on the AI's spoken voice output to listen, process, and respond to your opponent in real time — without the ability to read back what was said. This simulates the conditions of a real negotiation, where no written transcript is available during the conversation. Hard Mode is opt-in only and is not enabled by default. By enabling Hard Mode, you acknowledge that you are voluntarily choosing a more challenging training experience.

(e) Voice-Enabled Simulation. The Simulator may include text-to-speech capabilities that render AI responses in a realistic human voice. The use of a human-sounding voice is intended to create a more immersive training experience. You acknowledge that the voice is AI-generated and does not represent a real person.

(f) Post-Simulation Debrief. At the conclusion of a simulation session, the AI may transition to a coaching role and provide a debrief that reviews your performance, identifies areas for improvement, and highlights tactical observations. These debriefs are educational assessments of your negotiation technique within the context of the simulation. They are not personal evaluations of your character, competence, or professional worth, and they should not be interpreted as such.

(g) Professional Skill Development Only. The Simulator is intended solely for professional negotiation skill development and practice. It is not a substitute for therapy, counseling, crisis intervention, or any mental health service. If you are currently experiencing significant personal, emotional, or psychological distress related to a real negotiation or any other matter, we strongly encourage you to seek support from a qualified professional before engaging with the Simulator.

(h) No Guaranteed Outcomes. The Simulator is a practice tool. Performance in a simulation does not predict or guarantee any outcome in a real negotiation. Strategies that succeed or fail within the Simulator may produce different results in real-world scenarios. You should not rely solely on simulation experience when conducting actual negotiations.

(i) No Human Moderation. Simulation sessions operate autonomously using AI. There is no live human moderator monitoring your session. The AI operates within defined behavioral parameters but may produce unexpected or challenging responses.

7. Use of Our Services

You may access and use our Services only in compliance with these Terms and any guidelines or supplemental terms we may post on the Services (the "Permitted Use"). You are responsible for all activity under your account.

You may not access or use, or help another person to access or use, our Services in the following ways:

(a) In any manner that violates any applicable law or regulation, including without limitation any laws regarding the export of data or software.

(b) To develop any products or services that compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models, or to resell the Services.

(c) To decompile, reverse engineer, disassemble, or otherwise reduce our Services or our proprietary Negotiation Intelligence to human-readable form, except where these restrictions are prohibited by applicable law.

(d) To crawl, scrape, or otherwise harvest data, outputs, or information from our Services other than as permitted under these Terms.

(e) To use our Services, the Materials, or any Outputs to obtain unauthorized access to any system or information, or to deceive, defraud, or mislead any person.

(f) To infringe, misappropriate, or violate intellectual property or other legal rights, including the rights of publicity or privacy.

(g) To access the Services through automated or non-human means, whether through a bot, script, or otherwise, unless we explicitly permit it.

(h) To engage in any conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type, including reputational harm.

(i) To use the Services to conduct, facilitate, or support any illegal negotiation, including but not limited to negotiations involving fraud, extortion, bribery, price-fixing, collusion, or any other activity prohibited by law.

(j) To rely upon the Services, the Materials, or any Outputs as legal advice, financial advice, or professional counsel. Binaurals is not a law firm, financial advisor, broker-dealer, or registered investment adviser under the laws of the United States or any other jurisdiction.

(k) To use the Services to impersonate another person or entity in a negotiation, or to misrepresent your identity or affiliation.

(l) To submit Inputs that contain child sexual abuse material or any content that exploits or endangers minors.

(m) To use the Services to generate spam, bulk unsolicited communications, or misleading content at scale.

(n) To use Meeting Intelligence Features without obtaining all consents required by applicable Recording Laws from meeting participants.

(o) To continue processing a participant's audio after that participant has expressed refusal of consent, whether detected automatically by the Service or communicated to you directly.

(p) To tamper with, disable, or circumvent any consent detection, automated response, or audio processing control features of the Service.

(q) To reverse engineer, analyze, or attempt to derive the proprietary methods or processes underlying any Meeting Intelligence technology, including selective audio processing and automated consent detection.

(r) To use the Simulator for any purpose other than professional negotiation skill development, including but not limited to using it as a substitute for therapy, counseling, or crisis intervention.

(s) To use the Simulator to rehearse, plan, or prepare for any illegal negotiation, including but not limited to negotiations involving fraud, extortion, bribery, hostage-taking, or any other activity prohibited by law.

(t) To record, redistribute, or publicly share Simulator sessions, AI responses, or debrief content for the purpose of misrepresenting AI-generated content as human communication or as real negotiation positions.

(u) To attempt to extract, replicate, or reverse engineer the negotiation tactics, behavioral models, prompt engineering, or proprietary methodologies embedded in the Simulator.

You also must not abuse, harm, interfere with, or disrupt our Services, including by introducing viruses or malware, spamming or DDoSing the Services, or bypassing any of our systems or protective measures.

8. Inputs, Outputs, and Materials

Generally.You may interact with our Services by providing prompts, text, files, and other content in a variety of formats (we call these "Inputs"). Our Services generate responses based on your Inputs (we call these "Outputs"). Inputs and Outputs are collectively referred to as "Materials."

Meeting Intelligence Materials.For purposes of this Section, "Inputs" include all audio processed in real time by Meeting Intelligence Features, and "Outputs" include all text transcripts, AI coaching analyses, summaries, and other text-based content generated by Meeting Intelligence Features. Audio Inputs are processed ephemerally and are not stored; only text-based Outputs are retained. You represent and warrant that you have obtained all necessary rights, licenses, permissions, and consents — including consent from meeting participants as required by applicable Recording Laws — for us to process your Inputs and provide the Services to you.

Simulator Materials.For purposes of this Section, "Inputs" include all messages, scenario descriptions, and other content you provide to the Simulator, and "Outputs" include all AI-generated responses, negotiation tactics, and debrief analyses produced by the Simulator. All Simulator Outputs are fictional and generated solely for training purposes. You acknowledge that Simulator conversation history, session metadata, and performance data may be stored in accordance with our data retention policies.

Rights and Responsibilities. You are responsible for all Inputs you submit to our Services. By submitting Inputs, you represent and warrant that you have all rights, licenses, and permissions necessary for us to process those Inputs under these Terms and to provide the Services to you — including transmitting your Inputs to third-party AI infrastructure providers. You also represent and warrant that your Inputs will not violate these Terms or any applicable laws or regulations.

As between you and Binaurals, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with these Terms, we assign to you all of our right, title, and interest — if any — in Outputs.

Similarity of Outputs. Our Services are powered by AI models that generate responses based on patterns and training data. Due to the nature of AI and machine learning, other users may receive Outputs that are similar or identical to yours. Outputs that are requested by and generated for other users are not considered your Materials.

Reliance on Outputs. Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability, and safety. Our proprietary Negotiation Intelligence enhances these models for negotiation-specific use cases, but it does not eliminate the inherent limitations of AI. When you use our Services, you acknowledge and agree:

(a) Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.

(b) Negotiation strategies and recommendations provided by the AI are suggestions only. They are not guaranteed to produce any particular outcome.

(c) You should not rely on any Outputs without independently confirming their accuracy and suitability for your specific situation.

(d) The Services and any Outputs may not reflect correct, current, or complete information about applicable laws, regulations, market conditions, or counterparty positions.

(e) Outputs do not constitute legal advice, financial advice, or professional counsel of any kind. You should consult qualified professionals before making significant decisions based on Outputs.

(f) Outputs may contain content that is inconsistent with Binaurals' views.

(g) Simulator Outputs — including AI-generated claims, positions, ultimatums, and tactical statements — are entirely fictional and fabricated for training purposes. They do not represent real positions, factual information, or the views of any person or entity.

Our Use of Materials. We may use Materials to provide, maintain, and improve the Services, to develop other products and services, and to train and improve our proprietary Negotiation Intelligence. You may request that your Materials not be used for improving our Negotiation Intelligence by emailing info@binaurals.ai, and we will honor such requests within a reasonable timeframe. Even if you have opted out, we will use Materials for training or review when: (1) you provide Feedback to us regarding any Materials, or (2) your Materials are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance our safety efforts.

Your Materials may also be processed by third-party large language model providers in accordance with their respective terms and privacy policies. We configure our integrations with these providers to minimize unnecessary data retention, but we cannot control their practices beyond our contractual agreements with them.

9. Feedback

We appreciate feedback, including ideas and suggestions for improvement ("Feedback"). If you provide feedback through any channel we may offer or by contacting us directly, we may use that feedback to improve our Services and our proprietary Negotiation Intelligence without any obligation or payment to you.

10. Subscriptions, Fees, and Payment

Fees and Billing. Certain features of our Services may require a paid subscription. You are responsible for paying any applicable fees listed on our pricing page or as otherwise communicated to you.

If you purchase a subscription, you must provide complete and accurate billing information through our third-party payment processor. You agree that we may charge your payment method for applicable fees and taxes on a periodic basis.

Except as expressly provided in these Terms or where required by law, all payments are non-refundable.

Subscription Term and Automatic Renewal.If you sign up for a paid subscription, your payment method will be automatically charged on each periodic renewal date until you cancel. Your subscription will automatically renew at the end of each term for an additional term equal in duration to the preceding term ("Renewal Term") until you cancel.

Subscription Cancellation. You may cancel your subscription at any time by emailing support@binaurals.ai. We will process your cancellation and it will take effect at the end of your current billing period. Upon cancellation, your fees will not be refunded, but your access will continue through the end of the current paid term.

Fee Changes.We may modify subscription fees from time to time. We will not change fees during your current term. If we increase fees, we will provide you with at least 30 days' prior notice, and the new fees will take effect at the start of your next Renewal Term. Your continued use of the Services after the fee change constitutes your agreement to pay the modified fees.

Free Trials. We may offer free trial periods at our discretion. If you provide billing information for a free trial, you will not be charged until the trial expires. Unless you cancel before the end of the trial, you will be automatically charged the applicable subscription fees. We reserve the right to modify or cancel free trial offers at any time without notice.

Refunds. Except when required by law, paid subscription fees are non-refundable. Certain refund requests may be considered on a case-by-case basis at our sole discretion.

Simulator Credits. Use of the Simulator may consume credits or be subject to usage limits based on your subscription tier. Credit consumption occurs on a per-interaction basis. Unused credits may expire in accordance with your subscription terms. Credits are non-transferable and non-refundable.

11. Intellectual Property

Our Services — including our proprietary Negotiation Intelligence, algorithms, models, training data, frameworks, strategies, software, designs, text, graphics, and all other content and functionality — are and will remain the exclusive property of Binaurals, Inc. and its licensors. Our Services are protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and foreign countries.

Our trademarks, trade names, and trade dress may not be used in connection with any product or service without our prior written consent.

Nothing in these Terms grants you any right to use our proprietary Negotiation Intelligence, training methodologies, or underlying technology independently of the Services.

Patent-Pending Technology.Certain features of the Services, including Meeting Intelligence Features, are powered by technology that is the subject of one or more pending patent applications. The "patent pending" designation applies to, without limitation, our selective audio processing technology, automated consent detection and response systems, and related innovations. All rights in and to these technologies are reserved by Binaurals, Inc. Any descriptions of these features in these Terms, in product interfaces, or in any Binaurals communications describe the functional capabilities available to users and do not constitute a disclosure of the underlying inventions, methods, or processes.

Simulator Intellectual Property.The negotiation tactics, behavioral models, difficulty adaptation systems, debrief methodologies, and all other aspects of the Simulator's design and operation are proprietary to Binaurals, Inc. and constitute valuable trade secrets. You may not extract, replicate, or reverse engineer any aspect of the Simulator's negotiation methodology, behavioral logic, or training frameworks.

12. Proprietary Technology and Trade Secrets

The methods, systems, processes, and algorithms underlying our Services constitute valuable trade secrets and intellectual property of Binaurals, Inc.

Meeting Intelligence Technology.Meeting Intelligence Features are powered by Binaurals' patent-pending proprietary technology. The technologies underlying these features — including but not limited to selective audio processing, automated consent detection and response, and related innovations — are the subject of one or more pending patent applications filed with the United States Patent and Trademark Office and/or other patent offices. These technologies are additionally protected as trade secrets.

Simulator Technology.The AI Negotiation Simulator is powered by Binaurals' proprietary technology. The technologies underlying the Simulator — including but not limited to adversarial simulation modeling, difficulty adaptation, real-time negotiation intelligence, and debrief methodologies — constitute valuable trade secrets of Binaurals, Inc. These technologies are protected under applicable trade secret, copyright, and other intellectual property laws.

You acknowledge that:

(a) Nothing in these Terms, in the operation of the Services, or in any documentation, marketing materials, or communications constitutes a disclosure, license, or transfer of rights to Binaurals' underlying proprietary technology, methods, or processes.

(b) Any functional descriptions of Meeting Intelligence Features or Simulator capabilities provided in these Terms, in product documentation, or through the Services describe what the features do for users and do not disclose how the underlying technology operates.

(c) You may not attempt to reverse engineer, decompile, disassemble, or otherwise derive the design, methods, algorithms, or processes of any Meeting Intelligence or Simulator technology, whether through technical means, observation of system behavior, or any other method.

13. Data Retention and Deletion

(a) Meeting Intelligence Session Data.Text transcripts, AI analyses, summaries, and other text-based data generated during Meeting Intelligence sessions ("Session Data") are retained in accordance with our data retention policies and your subscription terms.

(b) No Audio Retention. No audio data is recorded or retained at any point during or after a Meeting Intelligence session. There is no audio data to delete.

(c) Simulator Data. Simulator conversation history, session metadata (including role configurations and settings), and performance data (including session duration and interaction counts) are retained in accordance with our data retention policies. No audio recordings of Simulator sessions are retained even when text-to-speech features are used — voice output is generated and delivered in real time and is not stored.

(d) Deletion Requests. You may request deletion of your Session Data or Simulator data by contacting us at support@binaurals.ai. We will process deletion requests in accordance with our Privacy Policy and applicable law.

(e) Transient Processing Data. During an active session (whether Meeting Intelligence or Simulator), the Service maintains transient data in memory to facilitate real-time processing. This data is automatically cleared when the session ends.

14. Third-Party Services and Infrastructure Providers

Our Services rely on third-party large language model providers to power the foundational AI capabilities upon which our Negotiation Intelligence operates, on third-party speech-to-text providers to power the transcription capabilities of our Meeting Intelligence Features, and on third-party text-to-speech providers to power voice capabilities within the Simulator. Your use of our Services is also subject to the terms, limitations, and capabilities of these third-party providers.

Our Services may also contain links to or integrations with other third-party websites, products, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. We strongly advise you to review the terms and privacy policies of any third-party services you interact with through our platform.

We are not responsible for any errors, interruptions, or limitations caused by third-party AI infrastructure providers, and changes to their services or terms may affect the availability or functionality of our Services.

15. Content Moderation

We use a combination of automated systems and human review to identify and address content that violates our Terms. If we become aware of violations, we may remove or restrict content, limit your access to features, or suspend or terminate your account.

16. Termination

You are free to stop using our Services at any time. You may terminate your account by contacting us at support@binaurals.ai.

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that: (a) you have breached these Terms; (b) we must do so to comply with the law; (c) your use of our Services could cause risk or harm to Binaurals, our users, or anyone else; or (d) your account has been inactive for over one year.

Upon termination, your right to use the Services will cease immediately. We may retain Materials and other data as required by law or as described in our Privacy Policy.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BINAURALS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (INCLUDING THIRD-PARTY AI INFRASTRUCTURE PROVIDERS, THIRD-PARTY SPEECH-TO-TEXT PROVIDERS, AND THIRD-PARTY TEXT-TO-SPEECH PROVIDERS), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BINAURALS MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY OUTPUTS OR NEGOTIATION STRATEGIES WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR CIRCUMSTANCES; (D) THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES; (E) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (F) THE AUTOMATED CONSENT DETECTION OR SELECTIVE AUDIO PROCESSING FEATURES WILL DETECT ALL EXPRESSIONS OF CONSENT OR REFUSAL OR FUNCTION WITHOUT ERROR IN ALL CIRCUMSTANCES; OR (G) THE SIMULATOR WILL ADEQUATELY PREPARE YOU FOR ANY REAL-WORLD NEGOTIATION OR PRODUCE TRAINING OUTCOMES SUITABLE FOR YOUR CIRCUMSTANCES.

THE AI NEGOTIATION GUIDANCE, MEETING INTELLIGENCE FEATURES, AND AI NEGOTIATION SIMULATOR PROVIDED THROUGH OUR SERVICES ARE FOR INFORMATIONAL AND PROFESSIONAL TRAINING PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE. THE COMPANY DOES NOT GUARANTEE ANY NEGOTIATION OUTCOME, COMPLIANCE WITH RECORDING LAWS, OR TRAINING RESULT. THE SIMULATOR IS AN ADVERSARIAL TRAINING TOOL THAT MAY CAUSE STRESS OR EMOTIONAL DISCOMFORT AS AN INHERENT PART OF ITS DESIGN. YOU USE THE SERVICES AND RELY ON OUTPUTS AT YOUR OWN RISK.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BINAURALS OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THIRD-PARTY AI INFRASTRUCTURE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, LOSS OF PRIVACY, EMOTIONAL DISTRESS, OR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY OUTPUTS, ANY NEGOTIATION OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES, ANY CLAIMS ARISING FROM YOUR USE OF MEETING INTELLIGENCE FEATURES INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO RECORDING LAWS, PARTICIPANT CONSENT, OR TRANSCRIPTION OF COMMUNICATIONS, OR ANY STRESS, EMOTIONAL DISCOMFORT, OR PSYCHOLOGICAL IMPACT ARISING FROM YOUR USE OF THE AI NEGOTIATION SIMULATOR.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF BINAURALS UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

19. Indemnification

You agree to indemnify, defend, and hold harmless Binaurals, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your Materials or Feedback; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property or privacy rights; (e) any negotiation or transaction you conduct based on Outputs from our Services; (f) your use of Meeting Intelligence Features, including any failure to obtain required consents under applicable Recording Laws, any claims by meeting participants relating to the monitoring or transcription of their communications, and any penalties or fines imposed by regulatory authorities in connection with your use of these features; or (g) your use of the AI Negotiation Simulator, including any claims arising from stress, emotional distress, or psychological impact experienced during or after simulation sessions, and any actions you take in real-world negotiations based on strategies or techniques practiced within the Simulator.

20. Assumption of Risk for AI Negotiation Simulator

BY USING THE AI NEGOTIATION SIMULATOR, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH ENGAGING IN AN INTENTIONALLY ADVERSARIAL AI TRAINING ENVIRONMENT. YOU UNDERSTAND THAT:

(A) THE SIMULATOR IS DESIGNED TO CHALLENGE, PRESSURE, AND TEST YOUR NEGOTIATION SKILLS THROUGH REALISTIC ADVERSARIAL TACTICS, AND THAT THIS EXPERIENCE MAY BE STRESSFUL, FRUSTRATING, OR EMOTIONALLY UNCOMFORTABLE.

(B) THE AI OPPONENT WILL EMPLOY NEGOTIATION TACTICS INCLUDING BUT NOT LIMITED TO APPLYING PRESSURE, ISSUING ULTIMATUMS, CHALLENGING YOUR POSITIONS, CREATING ARTIFICIAL URGENCY, AND TESTING YOUR RESOLVE. THESE TACTICS ARE ENTIRELY SIMULATED AND DO NOT REPRESENT GENUINE HOSTILITY OR MALICE.

(C) HARD MODE, IF ENABLED, REMOVES THE ON-SCREEN TEXT TRANSCRIPT AND REQUIRES YOU TO RELY SOLELY ON SPOKEN VOICE OUTPUT, SIMULATING REAL-WORLD NEGOTIATION CONDITIONS. YOU VOLUNTARILY OPT INTO THIS ELEVATED DIFFICULTY.

(D) POST-SIMULATION DEBRIEFS MAY IDENTIFY WEAKNESSES IN YOUR NEGOTIATION APPROACH. THESE ASSESSMENTS ARE EDUCATIONAL AND ARE NOT PERSONAL EVALUATIONS OF YOUR CHARACTER OR PROFESSIONAL COMPETENCE.

(E) THE SIMULATOR IS NOT A MENTAL HEALTH SERVICE. IF YOU ARE EXPERIENCING SIGNIFICANT EMOTIONAL OR PSYCHOLOGICAL DISTRESS, YOU SHOULD SEEK SUPPORT FROM A QUALIFIED PROFESSIONAL RATHER THAN ENGAGING WITH THE SIMULATOR.

(F) YOU ARE VOLUNTARILY CHOOSING TO PARTICIPATE IN THIS TRAINING EXPERIENCE AND ASSUME FULL RESPONSIBILITY FOR ANY STRESS, DISCOMFORT, OR EMOTIONAL IMPACT THAT MAY RESULT.

21. Dispute Resolution and Arbitration

Informal Resolution. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us at support@binaurals.ai.

Binding Arbitration. If we cannot resolve a dispute informally, you and Binaurals agree to resolve any claims relating to these Terms or the Services through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in San Francisco, California, unless you and we agree otherwise.

Class Action Waiver. YOU AND BINAURALS 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Exceptions. Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property, data security, or unauthorized access.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Your use of the Services may also be subject to other local, state, national, or international laws.

23. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

24. United States Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties.

25. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to accomplish its objectives, and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

26. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

27. Definitions

The following definitions apply throughout these Terms:

• "Meeting Intelligence Features"— The AI-powered live transcription, coaching, and analysis features of the Services that process audio in real time during meetings and calls, powered by Binaurals' patent-pending proprietary technology.
• "Simulator" — The AI Negotiation Simulator, an adversarial training tool that enables users to practice negotiation skills against an AI-powered opponent, including all associated features such as voice output, difficulty settings, and post-simulation debriefs.
• "Hard Mode" — An optional elevated difficulty setting within the Simulator that removes the on-screen text transcript, requiring the user to rely solely on spoken voice output. Hard Mode is opt-in only.
• "Session Data" — Text transcripts, AI coaching analyses, summaries, and other text-based data generated during a Meeting Intelligence session. Session Data does not include any audio data.
• "Simulator Data" — Conversation history, session metadata, performance data, and debrief content generated during an AI Negotiation Simulator session.
• "Recording Laws" — All applicable federal, state, local, and international laws governing the monitoring, recording, interception, or transcription of communications, including two-party consent laws, wiretapping statutes, and eavesdropping regulations.
• "Inputs" — Prompts, text, files, audio, and other content in any format that you provide to the Services.
• "Outputs" — Responses, transcripts, analyses, summaries, and other content generated by the Services based on your Inputs.
• "Materials" — Inputs and Outputs, collectively.

28. Contact Us

If you have any questions about these Terms, you can contact us:

• By email: support@binaurals.ai
• By mail: Binaurals, Inc., 2261 Market Street #10815, San Francisco, CA 94114
• By visiting our website: www.binaurals.ai