These Terms of Service ("Terms") are a binding agreement between you and Capnklutch Inc., a Florida corporation doing business as Better Future Studios ("Better Future Studios," "we," "us," or "our"). "Kalam" means our voice dictation, transcription, translation, and related AI software and services, including our desktop applications, our websites, and any APIs we make available (the "Services").
These Terms govern your use of the Services and incorporate our Privacy Policy. Please read them carefully. Section 13 disclaims warranties, Section 14 limits our liability, Section 15 requires you to indemnify us, and Section 16 governs how disputes are resolved and includes a waiver of class actions and jury trials.
Definitions
"Meeting Data" means any information submitted to, collected by, processed through, or generated by the Services in connection with meeting features, including meeting audio, transcripts, notes, participant information, speaker labels and speaker attribution, meeting titles and times, calendar details, summaries, decisions, action items, questions and answers, and other related inputs, outputs, and content.
"Meeting Notetaker" means our meeting detection, recording, transcription, note-taking, summarization, speaker attribution, action item generation, and related meeting assistance features.
1. Acceptance and Eligibility
You accept these Terms by clicking or tapping to accept them when you create an account, and by continuing to use the Services. If you do not accept these Terms, do not use the Services. We keep a record of which version of these Terms you accepted and when.
You must be at least 18 years old, and have the legal capacity to enter into a contract, to create an account or purchase a subscription. The Services are not directed to children.
You may not use the Services if you are located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive economic sanctions, or if you appear on any restricted-party list maintained by the United States or another applicable government. You confirm that none of these apply to you.
2. Your Account and Teams
You need an account to use the Services. Keep your login details accurate and confidential, don't share your account, and tell us right away at support@kalam.ai if you think it has been compromised. You are responsible for activity that occurs under your account.
If you use the Services for a company or other organization, you confirm that you have authority to accept these Terms on its behalf. In that case, "you" includes the organization, the organization is bound by these Terms, and the organization is responsible for its team members' use of the Services and for charges under its subscription.
Team members may invite others, and team administrators may manage membership, including removing members. Anyone who purchases or changes a team subscription confirms that they are authorized to do so. Content you choose to share with a team may be viewed, used, edited, or deleted by other team members. If you leave or are removed from a team, you will lose access to that team's shared content and paid features, but content you already shared with the team may remain available to its members. Joining a team does not give its administrators access to your personal content unless you choose to share it.
Where an account is created with an organization's email domain or is otherwise established as part of an organization's subscription, the organization may claim administrative control of that account, and we may transfer control to it. We will notify the account holder before doing so where practical.
3. Your Content and AI Outputs
Your content is yours. To run the Services, you give us a worldwide, non-exclusive, royalty-free license to process, store, transmit, and otherwise use your content, including Meeting Data, for the limited purposes described in these Terms and our Privacy Policy. These purposes include delivering and synchronizing the features you request, maintaining and securing the Services, complying with law, and, for eligible dictation audio, transcripts, and corrections, training, evaluating, or improving AI models where your Privacy Mode setting permits. This license includes allowing service providers acting on our behalf to process your content for those limited purposes. You confirm you have the rights to the content you submit.
Privacy Mode controls optional model use. When Privacy Mode is on, dictation audio, transcripts, and corrections are not used to train, evaluate, or improve AI models. When it is off, future eligible dictation audio, transcripts, and corrections may be used for those purposes. Privacy Mode is an account-level setting, is off by default, and can be changed in Settings → Data and Privacy. It does not stop processing needed to provide a feature, and turning it on does not delete information already stored.
Some features rely on third-party AI providers, and we may add or change providers from time to time. We select providers we consider appropriate for each feature and require them to process your content only on our instructions. Our Privacy Policy describes the categories of providers involved and how content sent to them is handled and retained.
Some Kalam features process audio and text on your device, and some send it to our servers or to AI service providers acting on our behalf. Our Privacy Policy describes which features do which. Your use of those features is also subject to the applicable provider's usage policies, and you agree not to use the Services in a way that would cause us to breach our agreements with them.
When you give the Services input ("Input"), our AI features generate results ("Output"). As between you and us, you keep your Input and own your Output, and we assign any rights we may have in Output to you.
Outputs may be wrong. AI Output — including transcriptions, translations, and summaries — can be inaccurate or incomplete even when it looks convincing, and accuracy varies with audio quality, accent, language, and subject matter. Don't rely on it without checking. Because of how AI works, Output isn't always unique and may resemble results generated for other users; you have no rights in outputs generated for others.
4. Recording, Consent, and Other People's Data
Kalam captures audio that you choose to capture. You are solely responsible for making sure that your recording, transcription, and use of that audio is lawful.
By using recording or transcription features, you confirm that you have obtained all consents and given all notices required by applicable law from every person whose speech you capture, and that you have the necessary rights for us and our service providers to process that content on your behalf.
The Meeting Notetaker may separate a recording into distinct speakers using audio, observed captions, on-screen information, and the meeting's attendee list, and may associate those speakers with names to produce speaker labels and attribution. Audio is used only to tell speakers apart within a recording; it is not used to determine who anyone is. We do not create, store, or compare voiceprints or other biometric identifiers, we do not register or maintain voice profiles, and nothing derived from a person's voice carries over between recordings. Speaker attribution is an automated suggestion, may be wrong, and can be corrected or removed by you at any time.
We provide technology that facilitates meeting recording and transcription. We do not determine whether notice or consent is legally required for any particular meeting, and we do not provide legal advice about recording, privacy, employment, or consent laws. That assessment is yours to make.
We may temporarily retain encrypted meeting audio on your device or our servers to transcribe a meeting, separate speakers, recover interrupted processing, or provide related features. Meeting audio is not stored as part of Cloud Sync or kept as a permanent server recording. It is deleted automatically according to the fixed periods described in our Privacy Policy. Meeting transcripts, notes, summaries, and other Meeting Data may remain locally and, when Cloud Sync is on, in your synchronized account until you delete the meeting, delete your cloud data, or delete your account.
If we receive a credible report that you have recorded someone without the required consent, we may suspend or terminate your access, and we may preserve or disclose information where required by law.
5. Acceptable Use
Use the Services only as allowed by law. You agree not to:
- break or bypass security, or reverse engineer the Services, except to the extent that restriction is prohibited by applicable law;
- disrupt or overload the Services, or probe them for vulnerabilities (except under a bug bounty we offer);
- scrape the Services, create accounts in bulk, or circumvent usage limits, seat counts, or trial eligibility;
- share, resell, sublicense, rent, or provide the Services to third parties as a service bureau, except through team seats we sell you;
- upload or distribute malware, or use the Services to attack any system;
- send spam, phishing, or deceptive content;
- infringe others' rights or share unlawful, fraudulent, or defamatory content, or content that exploits or endangers minors;
- commit payment fraud or abuse chargebacks;
- record or transcribe someone's speech without the consent required by law;
- export, re-export, or make the Services available in violation of applicable export control or sanctions laws; or
- use AI features to infringe rights, to train competing AI models, to misrepresent Output as human-made or Kalam-approved, or for harmful, discriminatory, or high-stakes automated decisions without human review.
We may remove content, or suspend or terminate accounts, for violations.
Plans may be subject to fair-use limits on transcription minutes, storage, requests, or other resources, whether or not a plan is described as unlimited. We will publish any applicable limits. If your usage is substantially abnormal relative to comparable users, or imposes disproportionate cost or risk on the Services, we may throttle, suspend, or require you to move to a different plan, after notice where practical.
6. Restricted Uses and Regulated Data
The Services are not designed for, and must not be used to process, regulated data of the following kinds unless we have agreed otherwise in a separate signed agreement:
- protected health information subject to HIPAA. We are not a business associate, we do not enter into business associate agreements for the standard Services, and you must not submit protected health information;
- payment card data subject to PCI DSS, other than payment details you provide to our payment processor;
- student records subject to FERPA, information about children subject to COPPA, government classified information, or technical data controlled for export.
You also agree not to use Output as the sole basis for decisions with legal or similarly significant effects — including medical, legal, financial, employment, housing, insurance, or credit decisions — without meaningful human review.
If you submit regulated data despite this section, you do so at your own risk, we have no liability arising from it, and your indemnity in Section 15 applies.
7. The Services, Updates, and Third-Party Providers
We may add, change, or remove features at any time, and we don't guarantee the Services will always be available or error-free. If we materially reduce a feature that formed a significant part of a paid plan you are currently on, you may cancel that plan and receive a pro-rata refund of prepaid fees covering the remainder of the then-current billing period. That is your sole remedy for such a change.
The Kalam desktop applications check for and install updates automatically. You consent to this, and you agree that we may require you to run a minimum supported version in order to continue using the Services. We may end support for older operating system versions.
We may offer features labeled beta, preview, or experimental. These are provided as-is, may be changed or withdrawn at any time, may be less reliable, and are excluded from any commitment we make about the Services elsewhere.
The Services rely on third-party providers. If you choose to sign in with Google or Apple, your use of that sign-in service is also subject to the provider's applicable terms and privacy policy. Paid subscriptions are processed through Stripe and are also subject to Stripe's applicable terms and privacy policy. We also use service providers for hosting, speech and AI processing, security, error and crash diagnostics, and optional product analytics. Our Privacy Policy identifies the categories of providers we use, the information involved, the purposes of the processing, and the choices available to you. We aren't responsible for third-party services, and their availability or functionality may affect the related Kalam features.
8. Privacy
Our Privacy Policy explains how we handle your information and is part of these Terms.
We collect limited diagnostic and crash information by default, which we need to keep the Services working and secure. Product analytics are separate and optional: they are disabled unless you enable "Share usage analytics," and you can change that choice at any time in the app's Settings.
Cloud Sync is on by default. Its purpose is to keep supported personal content and settings available and consistent across devices where you sign in to Kalam. You may turn it off in Settings → Data and Privacy, but doing so does not delete content already stored on our servers. Team-shared snippets, dictionary entries, and styles synchronize separately and may continue syncing when personal Cloud Sync is off.
To remove synchronized content from our servers, go to Settings → Data and Privacy and select Delete cloud data. This permanently deletes that content without deleting your account and turns Cloud Sync off. Local copies remain on your devices and may upload again if you re-enable Cloud Sync. Meetings and team-shared content you created are also removed for people you shared them with. Deleting cloud data does not change your Privacy Mode setting.
You may use Reset app to sign out and erase Kalam data stored on that computer. Reset app does not delete your account or cloud data, but anything stored only on that device is permanently deleted.
If you submit information about other people, Section 4 applies and you are responsible for the necessary consents.
9. Plans, Trials, and Paid Services
Kalam offers a free Basic plan and paid plans with additional features. Eligible new accounts may receive a 14-day Pro trial without providing a payment method. Unless you purchase a paid subscription, the trial ends automatically and your account moves to the Basic plan; you won't be charged merely because the trial ends. Trial eligibility and features may be limited or changed for future offers.
Before you subscribe, we will show you the price, the billing frequency, the fact that the subscription renews automatically, and how to cancel, and you must affirmatively accept those terms. After you subscribe, we will send you an acknowledgment containing the same information and cancellation instructions.
Paid subscriptions are offered on a monthly or annual basis at the price shown when you subscribe. Stripe charges your selected payment method at the beginning of each billing period, and you authorize us and Stripe to make those charges. Some subscriptions cover a team and are billed according to the number of paid seats. Adding or removing seats may result in prorated charges or credits, which will be shown before you confirm the change.
Paid subscriptions renew automatically for successive billing periods unless canceled before the renewal date. You can cancel at any time from the billing settings in your account, without contacting support. Cancellation ordinarily takes effect at the end of the current paid period. For annual plans, we will send you a renewal reminder by email at least 30 days before the renewal date. Canceling a subscription doesn't close your account; after paid access ends, your account moves to the Basic plan unless otherwise stated.
If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, you generally have 14 days to withdraw from a purchase of digital content. By subscribing and selecting immediate access at checkout, you expressly request that we begin performance immediately and acknowledge that you lose the right of withdrawal once we have begun supplying the paid Services. We will present this as a separate confirmation at checkout.
If a payment fails, we or Stripe may retry the charge and may suspend or reduce paid access until payment is received. Fees exclude applicable taxes unless stated otherwise, and you are responsible for any taxes other than taxes on our income. Except as set out in this section, where required by law, or where we expressly state otherwise, payments are non-refundable. We may change subscription prices on at least 30 days' notice, with the new price taking effect at a future billing period; if you don't accept the new price, you may cancel before it takes effect.
10. Business and Team Customers
If you have a separate written agreement or order form with us covering the Services, that agreement controls to the extent it conflicts with these Terms.
Where we process personal data on your behalf and applicable data protection law requires it, we will enter into a data processing addendum with you covering our role as processor, our security measures, our use of subprocessors, international transfers, and assistance with your obligations. You can request one at support@kalam.ai, and once signed it is incorporated into these Terms.
Each of us will protect the other's confidential information with at least reasonable care, use it only for purposes of these Terms, and disclose it only to people who need it and are bound by similar obligations. This does not apply to information that is public, independently developed, or lawfully received from someone else, and either of us may disclose confidential information where legally required, giving notice where permitted.
11. Intellectual Property, Feedback, and Open Source
The Services — including our software, models, designs, and the "Kalam" and "Better Future Studios" names and logos — belong to Capnklutch Inc. or its licensors. We grant you a limited, revocable, non-transferable, non-sublicensable license to install and use the Kalam applications on devices you own or control, and to use the Services, for your personal or internal business use. You may not copy, redistribute, or make available our installers or software, or remove any proprietary notices. We keep all other rights, and you may not use our brand without written permission.
If you send us ideas, suggestions, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you. You are not required to send us feedback.
The Kalam applications include third-party open-source components licensed under their own terms. A list of those components and their licenses is included with the application and available on request at support@kalam.ai. Where an open-source license conflicts with these Terms, that license governs your use of the component it covers.
12. Termination
You can stop using the Services and delete your account at any time. Canceling a paid subscription does not delete your account, and deleting your account may also cancel subscriptions associated with a team you own.
We may suspend or terminate your access if you breach these Terms, if your use creates a legal or security risk, if the law requires it, or if we discontinue the Services. We will provide notice where practical, but may act immediately when reasonably necessary to protect us, our users, or others.
When you delete your account, your right to use the Services ends and the account and its associated content are deleted from our active systems when the request is processed, subject to limited records we may retain as described in our Privacy Policy. Deleting your account does not necessarily erase Kalam data stored locally on every device; use Reset app or remove the application's local data on those devices if you want to delete those copies. Save any content you want to keep before deleting your account.
Sections that by their nature should continue after termination — including Sections 3 (ownership), 4 (recording and consent), 6, 10 (confidentiality), 11, 13, 14, 15, 16, and 18 — will remain in effect.
13. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Services will always be available, secure, or error-free, that transcriptions or translations will be accurate or complete, or that AI Output will be accurate, appropriate, or free from third-party claims. The Services are not a substitute for professional advice.
Meeting transcripts, summaries, action items, meeting insights, and speaker attributions may contain errors, omissions, or misattributions — including attributing speech to the wrong participant — and should be reviewed before being relied on for any business, legal, employment, compliance, or other decision.
14. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us during the 12 months before the event giving rise to the claim or (b) USD $100.
These limits do not apply to your obligations under Section 15, your breach of Sections 4, 5, or 6, or amounts you owe us under Section 9.
To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one year after it arises, or it is permanently barred.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited. Some jurisdictions do not allow certain warranty disclaimers or liability limits, so some of the provisions above may not apply to you; in those jurisdictions, our liability is limited only to the maximum extent permitted by law.
15. Indemnification
To the fullest extent permitted by law, you will defend and indemnify Capnklutch Inc. and its directors, officers, employees, and agents against third-party claims, losses, and reasonable legal costs arising from your content, your recording or transcription of any person, your submission of regulated data, your unlawful use of Output, or your violation of these Terms, applicable law, or another person's rights. This obligation applies only to the extent the claim results from your actions or omissions. We will notify you of the claim, give you control of the defense (except that we may participate with our own counsel), and cooperate reasonably at your expense. You may not settle a claim in a way that imposes obligations on us without our consent.
16. Disputes and Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. However, if you are a consumer, this choice does not take away protections provided by mandatory laws in the country where you live.
Before starting formal proceedings, you and we agree to send the other a written description of the dispute and try in good faith to resolve it for 30 days. You may contact us at support@kalam.ai; we will contact you at your account email. This informal process does not prevent either party from seeking urgent injunctive relief or filing in time to preserve a legal right.
Subject to the arbitration provisions below, and except where mandatory law allows otherwise, disputes must be brought exclusively in the state or federal courts located in Palm Beach County, Florida, or in the United States District Court for the Southern District of Florida, and you and we consent to those courts' jurisdiction and venue. Consumers may bring claims in any other court available to them under mandatory consumer law.
If you are a resident of the United States, the following arbitration provisions apply. You and we agree to resolve any claim relating to these Terms or the Services through final and binding individual arbitration before a single arbitrator, administered by the American Arbitration Association under its Consumer Arbitration Rules, with fees allocated under those rules. The arbitration will take place in the county where you live or work, in Palm Beach County, Florida, or in any other location we agree to. The arbitrator may award relief only to you individually, and only to the extent needed to resolve your own claim.
You can decline this agreement to arbitrate by emailing support@kalam.ai within 30 days of first accepting these Terms. Declining does not affect any other part of these Terms.
Either of us may instead bring a qualifying individual claim in small claims court, and either of us may go to court for injunctive relief to stop unauthorized use of the Services or infringement of intellectual property, without first arbitrating or completing the informal process above.
To the fullest extent permitted by law, you and we each waive the right to a jury trial, and each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If this waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court, and the remainder of this section will still apply.
17. Copyright
If you believe content on the Services infringes your copyright, send a DMCA notice to support@kalam.ai with the required details: identification of the work, identification of the infringing material and where it is located, your contact information, a good-faith statement that the use is not authorized, a statement of accuracy made under penalty of perjury, and your physical or electronic signature.
We may remove infringing content and will terminate the accounts of repeat infringers in appropriate circumstances. If you believe content was removed in error, you may send a counter-notice to the same address.
18. Changes and General Terms
We may update these Terms. If the changes are material, we will give you at least 30 days' notice before they take effect and, where the change materially affects your rights or obligations, we will ask you to accept the updated Terms before you continue using the Services. Other changes take effect when posted, and continued use means you accept them.
These Terms, the Privacy Policy, any Data Processing Addendum, and any order form or signed agreement between us are the entire agreement between us on this subject and replace any earlier understandings. If a provision is unenforceable, it will be limited or severed and the rest still applies. Not enforcing a term isn't a waiver. Headings are for convenience only.
You can't transfer these Terms without our consent; we may transfer them in a merger, acquisition, reorganization, or sale of assets. There are no third-party beneficiaries except as expressly stated.
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, and failures of third-party providers. This does not excuse payment obligations.
We'll send notices to you through the Services or to your account contact. Send notices to us at support@kalam.ai.
These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.
Questions about these Terms? Contact us at support@kalam.ai.