1. Introduction
Welcome to BoardBreeze ("Company", "we", "our", "us")! BoardBreeze is a service of MGE Solutions. These Terms of Service ("Terms", "Terms of Service") govern your use of our website and services operated by BoardBreeze.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
2. Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BoardBreeze cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BoardBreeze customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide BoardBreeze with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize BoardBreeze to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, BoardBreeze will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
3. Free Trial
BoardBreeze may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by BoardBreeze until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable subscription fee for the type of Subscription you have selected.
At any time and without notice, BoardBreeze reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
4. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
5. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
6. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BoardBreeze and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BoardBreeze.
7. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Limitation Of Liability
In no event shall BoardBreeze, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Changes
We reserve the right, at our sole discretion, 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. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
10. Contact Us
If you have any questions about these Terms, please contact us at grace@appboardbreeze.com.
11. AI-Generated Output Disclaimer
The Service uses artificial intelligence and automated speech-to-text technologies (including, without limitation, large language models and machine transcription) to generate draft meeting minutes, summaries, transcripts, and other output (collectively, "AI Output"). You acknowledge and agree that:
(a) AI Output may contain errors. AI Output may include inaccuracies, omissions, misattributions, transcription errors, hallucinated content, or material that does not faithfully reflect what occurred at your meeting. The accuracy of AI Output depends on factors outside our control, including audio quality, speaker clarity, background noise, and the inherent limitations of machine learning models.
(b) AI Output is a draft, not a final legal record. AI Output is provided as a starting point only. It is not an official, certified, or final record of your meeting and must not be relied upon as such until you have reviewed, corrected, and approved it.
(c) You are solely responsible for review and accuracy. You — or the clerk, secretary, or other authorized officer of your organization — are solely responsible for reviewing, editing, verifying, correcting, and approving all AI Output before it is adopted, distributed, published, filed as a public record, or otherwise used. We do not review AI Output for accuracy and have no obligation to do so.
(d) Compliance is your responsibility. You are solely responsible for ensuring that any minutes, transcripts, or other AI Output you adopt or publish comply with all applicable laws, regulations, open meeting laws, sunshine laws, public records statutes, parliamentary rules, organizational bylaws, and recordkeeping requirements that apply to your organization.
(e) Not legal, financial, or professional advice. AI Output, including any responses generated by AI assistants or chatbots within the Service, is provided for informational purposes only and does not constitute legal, financial, accounting, tax, medical, or other professional advice. You should consult a qualified professional for advice specific to your situation.
(f) No warranty of accuracy. To the maximum extent permitted by applicable law, the Service and all AI Output are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including without limitation any warranties of accuracy, completeness, fitness for a particular purpose, merchantability, or non-infringement.
12. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BOARDBREEZE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(a) Informal resolution first. Before filing a claim, you agree to first contact us at grace@appboardbreeze.com and provide a written description of your claim and the relief you seek. You and BoardBreeze agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days before initiating arbitration.
(b) Binding arbitration. Except for the carve-outs in subsection (e), any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Location and procedure. The arbitration will be conducted in the State of California, or, at your election if you are a consumer, in the U.S. county where you reside. Either party may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, except that any party may request an in-person hearing as permitted by AAA rules.
(d) Class action waiver. You and BoardBreeze 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. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
(e) Carve-outs. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (iii) pursue enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any court of competent jurisdiction.
(f) Governing law and venue. These Terms and any Dispute shall be governed by the laws of the State of California, without regard to its conflict of laws principles. For any matter not subject to arbitration, you and BoardBreeze submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
(g) 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to grace@appboardbreeze.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
(h) Survival. This Section 12 survives termination of your account or these Terms.