7.1 How Rewind Works.
Local and Private By Design: For your privacy, we store all of the recordings locally on your Mac. Only you have access to them.

No Cloud Integration or IT Required: In order to enable you to search for anything you’ve seen, we use native macOS APIs and Optical Character Recognition (OCR) to recognize & index all the words that appear on your screen.  This means you don’t need to integrate with cloud products like Gmail, Dropbox, or Slack. Rewind starts capturing these apps right away, with no IT required. Also, OCR enables you to copy & paste anything from your past.

Meetings: In order to enable you to search for anything you’ve said or heard, we use state-of-the-art speech recognition. This is particularly useful for meetings, where the content of discussions, debates, and decisions are often lost forever as soon as a meeting is over. With Rewind, you never have to worry about losing this content again. Rewind can capture the content of meetings, including everything that is said and everything that is shared visually. All of the content is searchable. You can go back to the exact moment in a meeting you are looking for by simply searching for a word that was said or a word that appeared on your screen.
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8.1 Third-Party Services and Linked Websites.Rewind may provide tools through the Service that enable you to export information, including User Content (defined below), to third-party services, including through features that allow you to link your account on Rewind with an account on the third-party service. By using one of these tools, you agree that Rewind may transfer that information to the applicable third-party service. Third-party services are not under Rewind’s control, and, to the fullest extent permitted by law, Rewind is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Rewind’s control, and Rewind is not responsible for their content.

8.2 Third-Party Software.The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

11.1 Respect of Third Party Rights.
Rewind respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

11.2 DMCA Notification.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address: Rewind AI, Inc. Attn: Legal Department (IP Notification) 2000 South Colorado Boulevard, Tower 1 Suite 2000-222, Denver, CO 80222 Email: support@rewind.ai.

11.3 Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; b. a description of the copyrighted work or other intellectual property right that you claim has been infringed; c. a description of the material that you claim is infringing and where it is located on the Service; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf. Your Notification of Claimed Infringement may be shared by Rewind with the user alleged to have infringed a right you own or control, and you consent to Rewind making such disclosure. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

11.4 Repeat Infringers.
Rewind’s policy is to: (a) remove or disable access to material that Rewind believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) remove any User Content uploaded to the Service by “repeat infringers.” Rewind considers a “repeat infringer” to be any User that has Posted User Content and for whom Rewind has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content./Rewind will terminate the accounts of users that are determined by Rewind to be repeat infringers. Rewind reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

11.5 Counter Notification.
If you receive a notification from Rewind that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Rewind with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Rewind’s Designated Agent through one of the methods identified in Section 11.2, and include substantially the following information: a. your physical or electronic signature; b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Rewind may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

11.6 Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification to Rewind in response to a Notification of Claimed Infringement, then Rewind will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Rewind will replace the removed User Content or cease disabling access to it in 10 business days, and Rewind will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Rewind’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Rewind’s system or network.

11.7 False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Rewind] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Rewind reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

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

13.2 Termination.
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Rewind may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@rewind.ai.

13.3 Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Rewind any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 13.3, 14, 15, 16, 17, and 18 will survive.

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

13.5 Refunds.
If Rewind terminates these Terms for convenience or modifies a paid feature of the Service in a manner that materially and adversely affects the functionality of the paid feature, Rewind will refund you any prepaid but unused Subscription Fee.

‍15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REWIND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REWIND DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REWIND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Rewind ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Rewind ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

15.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Rewind does not disclaim any warranty or other right that Rewind is prohibited from disclaiming under applicable law.

‍16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REWIND ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Rewind ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

16.2 THE AGGREGATE LIABILITY OF THE REWIND ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO REWIND FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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17.1 Generally.
In the interest of resolving disputes between you and Rewind in the most expedient and cost effective manner, and except as described in Section 17.2 and 17.3, you and Rewind agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REWIND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions.
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.3 Opt-Out.
If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Rewind AI, Inc., Attention: Legal Department – Arbitration Opt-Out, 2000 South Colorado Boulevard, Tower 1 Suite 2000-222, Denver, CO 80222, United States, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration (“Opt-Out Notice”). Once Rewind receives your Opt-Out Notice, this Section 17 will be void, and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.4 Arbitrator.
Any arbitration between you and Rewind will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Rewind. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

17.5 Notice of Arbitration; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Rewind’s address for Notice is: Rewind AI, Inc., 2000 South Colorado Boulevard, Tower 1 Suite 2000-222, Denver, CO 80222, United States. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Rewind may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Rewind must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Rewind in settlement of the dispute prior to the award, Rewind will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.

17.6 Fees.
If you commence arbitration in accordance with these Terms, Rewind will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Rewind for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

17.7 No Class Actions.
YOU AND REWIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rewind agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.8 Modifications to this Arbitration Provision.
If Rewind makes any future change to this arbitration provision, other than a change to Rewind’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Rewind’s address for Notice of Arbitration, in which case your account with Rewind will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.9 Enforceability.
If Section 17.7 or the entirety of this Section 17 is found to be unenforceable, or if Rewind receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.

18.1 General Terms.
‍These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Rewind regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.2 Governing Law.
These Terms are governed by the laws of the State of Colorado without regard to conflict of law principles. You and Rewind submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Denver County, Colorado for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Colorado, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

18.3 Privacy Policy.
Please read the Rewind Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Rewind Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.4 Additional Terms.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

18.5 Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.6 Contact Information.
The Service is offered by Rewind AI, Inc., located at Rewind AI, Inc. 2000 South Colorado Boulevard, Tower 1 Suite 2000-222, Denver, CO 80222. You may contact us by sending correspondence to that address or by emailing us at support@rewind.ai.

18.7 Notice to California Residents.
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

18.8 No Support.
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.