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Recording & Consent Agreement

Effective date: [EFFECTIVE DATE] Last updated: [EFFECTIVE DATE]

⚠️ This is the highest-risk area of the Service. Recording conversations without proper consent can be a crime and can create civil liability under federal and state wiretap, eavesdropping, and privacy laws (and equivalents in other countries). This Agreement allocates that responsibility to you, the User. Have it reviewed by counsel and ensure the in-app consent flow described in INTEGRATION_PLAN.md is implemented before enabling recording.

This Recording & Consent Agreement ("Agreement") supplements the Terms of Service and applies whenever you record, upload, paste, narrate, or otherwise submit any conversation, audio, or transcript ("Conversation Content") to the Social application (the "Service") operated by [COMPANY NAME] ("[COMPANY SHORT]," "we," "us").

By submitting Conversation Content, you agree to this Agreement.

1. You are responsible for legal recording

Laws governing the recording of conversations vary widely:

  • One-party consent jurisdictions generally allow recording if at least one party

(which can be you) consents.

  • All-party / two-party consent jurisdictions (including, in the United States,

several states such as California, Florida, Illinois, Pennsylvania, Washington, and others) generally require the consent of every participant.

  • Many countries outside the U.S. have their own, often stricter, rules.

You are solely responsible for determining which laws apply to each conversation (based on the location of every participant, which may differ) and for complying with them. When in doubt, obtain the consent of all participants.

2. Your representations and warranties

Each time you submit Conversation Content, you represent and warrant that:

  1. You have the legal right to record, upload, and submit that content;
  2. You have obtained all consents required by applicable law from every participant

whose voice, words, image, or personal information appears in the content;

  1. Your submission and our processing of it (including transmission to our AI and

transcription providers) does not violate any law or any person's rights, including privacy, publicity, confidentiality, or contractual rights;

  1. The content was not obtained through unlawful interception, hidden recording where

prohibited, deception where prohibited, or breach of any duty of confidentiality (e.g., privileged, medical, HR, or legal-settlement contexts);

  1. You will not submit content involving minors without the consent of a parent or legal

guardian and compliance with applicable law.

3. Recommended consent practice

We strongly recommend that, before recording, you clearly tell all participants that the conversation is being recorded and analyzed by an AI coaching tool, and obtain their agreement. A simple verbal notice captured at the start of the recording (e.g., "I'm recording this conversation for my own coaching notes — is that okay with everyone?") can help, but does not guarantee legal compliance and is not legal advice.

4. Prohibited recording

You must not use the Service to:

  • Record or analyze conversations where you lack the legal right or required consents;
  • Conduct covert surveillance, stalking, or harassment;
  • Capture conversations subject to legal privilege or confidentiality obligations you do

not control;

  • Record in places or contexts where recording is prohibited (e.g., certain workplaces,

healthcare, legal, or government settings).

5. Other participants' rights

People who appear in your Conversation Content may have rights to access or request deletion of their personal data. If we receive a verified request from such a person, we may need to contact you, restrict processing, or delete relevant content to comply with law. You agree to cooperate with such requests.

6. Our role

We provide recording, transcription, and analysis tools. We do not:

  • Verify that you have obtained required consents;
  • Provide legal advice about recording laws;
  • Assume responsibility for your decision to record or submit any conversation.

We may, at our discretion, display reminders or require an attestation before recording, but doing so does not transfer your legal responsibilities to us.

7. Indemnification

You agree to indemnify, defend, and hold harmless [COMPANY NAME] and its personnel from and against any claims, damages, fines, penalties, liabilities, and expenses (including reasonable legal fees) arising from your recording, uploading, or submission of Conversation Content, or your breach of this Agreement or any recording-consent law.

8. Suspension

We may remove Conversation Content and suspend or terminate accounts that we reasonably believe violate this Agreement or applicable law.

Acknowledgment

By checking the consent box in the app and/or submitting Conversation Content, you acknowledge that you have read, understood, and agree to this Agreement, and you attest that you have the legal right and all required consents to submit the content.

Contact: [COMPANY NAME], [BUSINESS ADDRESS] · [LEGAL EMAIL]