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, 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 California 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. 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.

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.

5. 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."

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.

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.

6. 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.

7. 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.

8. 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.

9. 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. 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.

10. 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.

11. 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.

12. 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), 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; OR (E) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

THE AI NEGOTIATION GUIDANCE PROVIDED THROUGH OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE. THE COMPANY DOES NOT GUARANTEE ANY NEGOTIATION OUTCOME. YOU USE THE SERVICES AND RELY ON OUTPUTS AT YOUR OWN RISK.

13. 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, OR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY OUTPUTS, OR ANY NEGOTIATION OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES.

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.

14. 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; or (e) any negotiation or transaction you conduct based on Outputs from our Services.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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