Terms of Service

Effective Date: January 16, 2025 | Last Updated: January 16, 2025

These Terms of Service ("Terms") govern your use of liveprompt.ai (the "Service") operated by NexGenAI LLC, a Delaware limited liability company ("Company", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

1. Service Description

liveprompt.ai is a real-time conversation coaching application that provides AI-powered guidance during live conversations. Our Service includes:

  • Real-time speech-to-text transcription using third-party services
  • AI-powered conversation guidance and suggestions
  • Document and context upload capabilities
  • Session recording, management, and analytics
  • Post-conversation summaries and timeline generation
  • Interactive checklist and task management features

2. User Accounts

2.1 Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

2.2 Age Requirements

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18 years old, you must have your parent or legal guardian's permission to use the Service.

3. Subscriptions and Payment

3.1 Subscription Plans

We offer various subscription plans including Free, Pro, and Enterprise tiers. Each plan includes different features and usage limits as described on our pricing page.

3.2 Billing

  • Paid subscriptions are billed in advance on a monthly or annual basis
  • Subscription fees are non-refundable except as required by law
  • We use Stripe as our payment processor. By providing payment information, you agree to Stripe's terms of service
  • You authorize us to charge your payment method for all fees and charges

3.3 Auto-Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew and you authorize us to charge the payment method on file.

3.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. You will continue to have access to paid features until the end of your billing period.

4. Privacy and Data Protection

4.1 Data Collection and Use

Our collection and use of your personal information is governed by our Privacy Policy. By using our Service, you consent to our data practices as described in the Privacy Policy.

4.2 Recording Consent

Important Notice:

By using our conversation recording features, you represent and warrant that you have obtained all necessary consents from all participants in any conversation that you record or transcribe using our Service. You are solely responsible for complying with all applicable laws regarding recording conversations, including but not limited to one-party and two-party consent laws in your jurisdiction.

4.3 GDPR Compliance (European Users)

For users in the European Economic Area (EEA), we process personal data in accordance with the General Data Protection Regulation (GDPR). This includes:

  • Obtaining explicit consent before processing personal data
  • Providing access to your personal data upon request
  • Allowing you to correct, delete, or port your personal data
  • Implementing appropriate technical and organizational security measures

4.4 CCPA Compliance (California Users)

For California residents, we comply with the California Consumer Privacy Act (CCPA). You have the right to:

  • Know what personal information we collect about you
  • Request deletion of your personal information
  • Opt-out of the sale of your personal information (we do not sell personal information)
  • Non-discrimination for exercising your privacy rights

4.5 Data Retention

We retain your personal data and conversation recordings for as long as your account is active or as needed to provide you services. You may request deletion of your data at any time by contacting us at hello@liveprompt.ai.

5. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any laws or regulations
  • Record conversations without proper consent from all participants
  • Infringe upon the rights of others, including privacy and intellectual property rights
  • Transmit any harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use the Service for any illegal or unauthorized purpose
  • Interfere with or disrupt the Service or servers
  • Attempt to reverse engineer or extract source code from our Service
  • Use automated systems or software to extract data from the Service

6. Intellectual Property Rights

6.1 Our Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of NexGenAI LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6.2 Your Content

You retain all rights to the content you upload, record, or create using our Service ("User Content"). By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service.

6.3 AI Training

We do not use your conversation recordings or transcripts to train our AI models without your explicit consent. Any use of data for model improvement will be anonymized and aggregated, and you may opt-out of such use in your account settings.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property and may be used without restriction or compensation to you.

7. Third-Party Services

Our Service integrates with various third-party services including but not limited to:

  • Deepgram for speech-to-text transcription
  • OpenRouter/Google Gemini for AI processing
  • Supabase for database and authentication
  • Stripe for payment processing

Your use of these integrated services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

8. Disclaimers and Limitations

8.1 No Professional Advice

Disclaimer:

The AI-generated guidance provided by our Service is for informational purposes only and should not be considered professional advice. We do not provide legal, medical, financial, or other professional advice. Always consult with qualified professionals for specific advice related to your situation.

8.2 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service is provided "as is" and "as available" without warranties of any kind.

8.3 Accuracy

While we use advanced AI and transcription technologies, we do not guarantee 100% accuracy in transcriptions, AI suggestions, or any other output from the Service. Users should verify important information independently.

8.4 Usage Limits

Each subscription plan includes specific usage limits for audio hours, sessions, and storage. Exceeding these limits may result in service interruption or additional charges.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXGENAI LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless NexGenAI LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at hello@liveprompt.ai or through your account settings.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and data after a reasonable period, unless retention is required by law. You may request an export of your data before termination.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. Continued use of the Service after changes constitutes acceptance of the new Terms.

13.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13.3 Entire Agreement

These Terms constitute the entire agreement between you and NexGenAI LLC regarding the use of the Service, superseding any prior agreements.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at:

NexGenAI LLC

Email: hello@liveprompt.ai

State of Incorporation: Delaware, United States

15. Special Provisions

15.1 HIPAA Compliance

Our Service is not HIPAA-compliant by default. If you require HIPAA compliance for healthcare-related conversations, please contact us for our Enterprise plan which includes a Business Associate Agreement (BAA).

15.2 Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations.

15.3 Government Use

If you are a U.S. government entity, these Terms shall be governed by the laws of the United States of America without reference to conflict of laws. You acknowledge that the Service is "commercial computer software" and "commercial computer software documentation."

By using liveprompt.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.