Terms of Service
These terms are a contract between you and Spool ("we", "us"). Please read them. Section 18 requires most disputes to be resolved by individual arbitration rather than in court or as a class action, and explains how to opt out.
1. Agreement to these terms
These Terms of Service ("Terms") apply to the Spool apps for iPhone, Apple Watch and Mac, the Spool web app, the website at spoolrecall.com, and any related services (together, the "Service"). By creating an account, joining the beta, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
If you use the Service on behalf of an organization, you confirm that you are authorized to accept these Terms for it, and "you" includes that organization.
2. Who can use Spool
You must be at least 18 years old, or the age of majority where you live if that is higher, and able to form a binding contract. The Service is not for children. You may not use the Service if you are barred from doing so under the laws of the United States or the place where you live, or if we have previously terminated your account.
3. Beta service
Spool is in private beta. Beta features are early, incomplete and may change, break or be removed at any time without notice. Recordings may fail to sync, transcripts may be missing or wrong, and data may be lost. Do not rely on the Service as your only copy of anything important. The beta is offered as-is (see Section 15). Transcription is in English only at launch; other languages may be transcribed poorly or not at all.
We may limit who can join the beta, how much you can record, and which devices are supported, and we may end the beta at any time.
4. Your account
You are responsible for your account, for keeping your sign-in methods and devices secure, and for everything that happens under your account. Give us accurate information and keep it current. Tell us right away at privacy@spoolrecall.com if you think someone else has accessed your account. We are not liable for losses caused by someone else using your account.
5. Recording laws are your responsibility
Spool is a tool. You decide when, where and whom to record. Spool is not a party to any conversation you record, does not decide what is recorded, and does not give notice to or obtain consent from anyone on your behalf.
You alone are responsible for making sure every recording you make, upload or process with Spool is lawful. That includes following wiretapping, eavesdropping, privacy, biometric, employment and consumer protection laws everywhere a recording is made and everywhere the people recorded are located.
In particular:
- Consent rules differ. Some US states and countries allow a recording when one person in the conversation consents. Others, including several US states, require the consent of everyone in the conversation, and some apply that rule to phone and video calls with people located there. When people in different places are on one call, the stricter rule may apply. If you are unsure, get everyone's consent.
- Tell people. Give clear notice to the people you record, and get their consent where the law requires it, before you record. Stop recording if someone objects where they have the right to.
- Private places and confidential conversations. Do not record in places or conversations where people have a reasonable expectation of privacy unless you have the consent the law requires, for example bathrooms, medical visits, therapy, legal consultations or another person's home.
- Workplaces. Many employers prohibit recording, and recording coworkers, customers or patients may break employment, confidentiality, trade-secret, health-privacy or professional rules. Follow your employer's policies and any duties you owe to clients or patients.
- Minors. Do not record children unless you are their parent or guardian or have that person's consent, and the recording is otherwise lawful.
- Voices and speaker names. Spool can recognize speakers and lets you name them. Some laws, including in Illinois, Texas and Washington, regulate voiceprints and other biometric identifiers. If you name or identify another person in Spool, you are responsible for having any notice and consent the law requires from that person. Where a person's consent is required and you do not have it, do not name them, and delete them and their voice data in Settings, under People.
- Calls and meetings. The Mac app can record your microphone and your computer's audio, which includes the other side of calls. Many call and meeting services have their own rules about recording. Follow them.
Spool may show reminders or recording indicators, but these do not satisfy any legal obligation for you. Nothing Spool says about recording laws is legal advice; ask a lawyer where you live if you have questions. You agree to defend and indemnify us for claims arising from your recordings as described in Section 17.
6. Your content
"Your Content" means the audio, transcripts, notes, speaker names, screen text, location visits, health data and anything else you record, upload, connect or create in the Service, and the output the Service generates for you from it. As between you and us, you own Your Content.
You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transcribe, analyze, index, display and transmit Your Content only as needed to operate, secure, support and improve the Service for you, and as described in our Privacy Policy. This includes sending it to the service providers listed in the Privacy Policy. The license ends when Your Content is deleted from our systems, except for copies kept in backups for a limited period or as required by law.
We do not use your recordings or transcripts to train AI models, and we do not sell Your Content.
You confirm that you have all rights, consents and permissions needed to give us this license and for us to process Your Content as these Terms describe, including the consent of people who appear in your recordings where the law requires it.
7. Acceptable use
You agree not to use the Service, or help anyone else use it, to:
- record, intercept, monitor or track any person without the notice or consent the law requires, or secretly surveil a partner, family member, employee or anyone else;
- stalk, harass, threaten, intimidate, blackmail, defame or discriminate against anyone;
- collect or identify other people's voiceprints or other biometric identifiers without legally required consent;
- record or process information you have no right to, such as another party's confidential, privileged or protected health information, or material covered by a confidentiality obligation;
- break any law or regulation, or infringe or misappropriate anyone's intellectual property, privacy or publicity rights;
- upload malware, or probe, scan, attack, overload or interfere with the Service or its security;
- reverse engineer, decompile or try to extract source code or models from the Service, except where the law forbids this restriction;
- access the Service by automated means not provided by us, scrape it, or get around usage limits, billing or access controls;
- resell, sublicense or offer the Service to others, or use it to build a competing product;
- use the Service for any high-risk purpose where an error could lead to death, injury, or serious physical, financial or environmental harm.
We may investigate suspected violations, remove content, limit features and report activity to law enforcement where appropriate.
8. AI output can be wrong
Spool uses automated systems, including machine-learning models from third parties, to transcribe speech, identify speakers, summarize your day and answer questions. This output can be inaccurate, incomplete, out of context or attributed to the wrong person or time, even when it shows a citation. Check anything important against the original recording before you rely on it, and do not use Spool output as the only basis for decisions that affect you or others, such as legal, employment, financial, medical or safety decisions. You are responsible for how you use output.
9. Not medical, legal or emergency advice
Spool is not a medical device and does not diagnose, treat, cure or prevent any condition. Health information shown in Spool, such as heart rate, heart rate variability, steps, workouts, sleep or stress context from Apple Health, is for general information only and may be wrong or incomplete. Talk to a qualified professional about your health. Spool does not give legal, financial or other professional advice.
Spool is not an emergency service. It does not monitor recordings in real time and will not contact anyone for you. In an emergency, call 911 or your local emergency number.
10. Devices and third-party services
Spool works with hardware and accounts made by others, such as the Limitless Pendant, Plaud recorders, Apple devices and Apple Health. We do not make, sell or support those products and are not affiliated with their makers. Their availability, firmware, apps and terms are controlled by them and may change or stop working with Spool at any time. Your use of them is governed by their own terms and privacy policies. We are not responsible for third-party products or services, or for data that they collect.
If you download Spool from Apple's App Store, Apple is not a party to these Terms and has no obligation to provide maintenance or support. Apple is a third-party beneficiary of these Terms and may enforce them against you as they relate to the iOS, watchOS and macOS apps. Apple is not responsible for any product liability, legal compliance or intellectual-property claims about the apps; we are, to the extent these Terms provide.
11. Plans, billing, renewal and refunds
Nobody is charged during the private beta. When paid plans start, we will tell you before you are charged, and the plan, price and billing terms shown when you subscribe apply. The plans we currently plan to offer are:
- Free: 5 hours of speech a month and 7 days of history.
- Spool: $19 a month or $149 a year, 60 hours of speech a month.
- All-day: $49 a month or $449 a year, 450 hours of speech a month.
- Extra hours on paid plans: $0.40 per hour of speech above your plan's monthly hours, billed in arrears.
"Hours of speech" means audio that our systems classify as speech, as measured by us. Unused hours do not roll over. Prices are in US dollars and do not include taxes, which you pay where they apply.
Automatic renewal
Paid subscriptions renew automatically at the end of each monthly or yearly term, at the then-current price, and we charge your payment method on file until you cancel. You can cancel at any time in your account settings, or for App Store purchases in your Apple account settings. Cancellation takes effect at the end of the current term, and you keep access until then. We will remind you before a yearly plan renews and give you notice before any price change takes effect, with the chance to cancel.
Payments
Payments on the web are processed by Stripe; App Store purchases are processed by Apple under Apple's terms. You authorize us and our payment processor to charge all fees, including extra hours and taxes, to your payment method. If a payment fails, we may retry it, downgrade you to the Free plan or suspend paid features.
Refunds
Except where the law requires otherwise or we say so in writing, fees are non-refundable, including for partial terms, unused hours and downgrades. App Store purchases can only be refunded by Apple under Apple's policies. If you live somewhere that gives you a right to cancel and receive a refund, nothing in these Terms limits that right.
Changes to plans
We may change plans, prices, included hours and features. Changes to a paid plan you are on apply from your next term after notice.
12. Exporting and deleting your data
You can delete any stretch of time, any recording, any speaker and your whole account in the app. You can ask for an export of your data by emailing privacy@spoolrecall.com, and we will provide one in a common format within a reasonable time. When you delete something, we remove it from the Service and from our active systems and then from backups on the schedule in our Privacy Policy. Deletion cannot be undone once the short undo window in the app has passed. If your account ends, export anything you want to keep first: we may delete Your Content 30 days after your account closes.
13. Spool's property and feedback
The Service, including its software, models, design, text, graphics and the Spool name and logo, is owned by us or our licensors and protected by law. Subject to these Terms, we give you a personal, revocable, non-exclusive, non-transferable license to use the Service for your own purposes. We keep all rights not expressly granted.
If you send us ideas, suggestions or feedback, we may use them for any purpose without paying you or crediting you.
14. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, or remove content, at any time and for any reason, including if we believe you have broken these Terms or the law, if your use creates risk or legal exposure for us or others, if we are required to by law, or if we stop offering the Service or the beta. Where reasonable, we will try to give you notice and a chance to export Your Content, but we are not required to. Sections that by their nature should survive termination will survive, including Sections 6 (the confirmation of rights), 8, 9, 13, 15, 16, 17, 18, 19 and 22.
15. No warranties
THE SERVICE, INCLUDING ALL BETA FEATURES AND ALL OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOOL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR AVAILABLE ON ANY DEVICE, THAT RECORDINGS WILL BE CAPTURED, SYNCED OR KEPT, THAT TRANSCRIPTS, SPEAKER NAMES, ANSWERS OR HEALTH INFORMATION WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.
Some places do not allow the exclusion of certain warranties, so some of the above may not apply to you.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) SPOOL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, RECORDINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE; (B) WE ARE NOT LIABLE FOR ANY CLAIM ARISING FROM YOUR RECORDINGS, YOUR COMPLIANCE OR NON-COMPLIANCE WITH RECORDING, PRIVACY OR BIOMETRIC LAWS, YOUR RELIANCE ON ANY OUTPUT, OR THIRD-PARTY DEVICES AND SERVICES; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100.
These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between us. They do not limit liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct where the law does not allow those to be limited. Some places do not allow some of these limits, so they may not apply to you in full.
17. Indemnification
To the fullest extent permitted by law, you will defend, indemnify and hold harmless Spool and its affiliates, officers, employees, agents, suppliers and licensors from and against any claims, demands, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any recording you make or process with the Service; (b) any claim by a person you recorded, identified or named, or by an employer, client, patient or regulator, about your recordings; (c) your violation of any law, including recording, eavesdropping, privacy and biometric laws; (d) your breach of these Terms; or (e) your misuse of the Service. We may take control of the defense of any claim at your expense, and you will cooperate with us. You may not settle a claim that affects us without our written consent.
18. Binding arbitration and class-action waiver
Please read this section carefully. It affects your rights. You and Spool agree to resolve disputes by binding individual arbitration and give up the right to a jury trial and to take part in a class action. You can opt out within 30 days, as explained below.
Informal resolution first
Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought, and both must try in good faith to resolve it for at least 60 days. Send notices to us at privacy@spoolrecall.com. Any deadline to bring a claim is paused during this period.
Agreement to arbitrate
Except as stated below, any dispute, claim or controversy between you and Spool arising out of or relating to the Service or these Terms, including their formation, scope, validity and enforceability (a "Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator decides all issues except that a court decides questions about the class-action waiver, the mass-filing procedures, and whether a claim belongs in small claims court. The arbitration will be held by video or phone, or in person in the county where you live or in Maricopa County, Arizona, at your choice. Payment of AAA fees is governed by the AAA rules; we will pay any filing fee above what you would pay to file in court. The arbitrator may award the same individual relief a court could, but only to you individually and only to the extent needed for your individual claim.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may go to court to stop actual or threatened infringement or misuse of intellectual property, or unauthorized access to or interference with the Service.
Class-action and jury waiver
You and Spool may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. You and Spool each waive the right to a jury trial. If this class-action waiver is found unenforceable for a claim, that claim must be severed and heard in court, after the arbitration of any individual claims, and not in arbitration.
Mass filings
If 25 or more similar Disputes are filed against us by the same or coordinated counsel, they will be administered in batches of up to 25 under the AAA's mass arbitration procedures, with each batch resolved before the next is filed, and the deadline to bring those claims is paused while they wait.
30-day right to opt out
You can opt out of this arbitration agreement by emailing privacy@spoolrecall.com from the address on your account within 30 days after you first accept these Terms, with the subject "Arbitration opt-out" and your name. Opting out does not affect any other part of these Terms. If you opt out, Section 19 decides where disputes are heard.
Changes to this section
If we change this section after you accept it, you may reject the change by emailing us within 30 days, and the earlier version will continue to apply to you.
19. Governing law and venue
These Terms and any Dispute are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, and by the Federal Arbitration Act for Section 18. Any Dispute not subject to arbitration will be brought only in the state or federal courts located in Maricopa County, Arizona, and you and Spool consent to their jurisdiction. If you live outside the United States, mandatory consumer protection laws of your country still apply to you where they cannot be waived.
20. Copyright complaints (DMCA)
If you believe material on the Service infringes your copyright, send a notice to our designated copyright agent at privacy@spoolrecall.com. Include: your physical or electronic signature; a description of the copyrighted work; where the material is on the Service; your contact details; a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act for the owner. We may remove material and terminate repeat infringers. If your material was removed and you believe it was a mistake, you may send a counter-notice as the DMCA (17 U.S.C. 512) describes.
21. Changes to these terms
We may change these Terms. If a change is material, we will tell you at least 15 days before it takes effect, by email or in the app, unless the change is required sooner by law or to address security or misuse. The "Last updated" date shows when the Terms last changed. If you keep using the Service after a change takes effect, you accept the new Terms. If you do not agree, stop using the Service and delete your account.
22. General terms
- Entire agreement. These Terms and the Privacy Policy, plus any terms shown when you buy a plan, are the entire agreement between you and us about the Service and replace any earlier agreements.
- Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest of the Terms will remain in effect, except as stated in Section 18 for the class-action waiver.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them, including in a merger, acquisition or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages at service providers, network failures, natural disasters, war, labor actions or government action.
- Notices. We may send notices to the email on your account or in the app. You may send notices to privacy@spoolrecall.com.
- Export and sanctions. You will follow US export control and sanctions laws in your use of the Service.
- Relationship. Nothing in these Terms creates a partnership, employment or agency relationship.
- Headings and examples. Headings are for convenience only. "Including" means "including without limitation".