Cymon Terms of Service
1. Agreement
These Terms of Service ("Terms") are a contract between you and TOP Sales Partners, Inc. (DBA Cymon AI), 850 New Burton Road, Suite 201, Dover, Delaware 19904, United States ("Cymon," "we," "us"). They govern your use of cymon.ai, app.cymon.ai, our apps, meeting bot and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you use the Service for a company, you confirm that you are authorized to accept these Terms for it, and "you" includes that company. If you have a separate signed agreement with us (for example an enterprise agreement), that agreement controls where it conflicts with these Terms.
2. Eligibility and accounts
- You must be at least [18] and able to form a binding contract. The Service is for business and professional use.
- Keep your login details secure and your account information accurate. You are responsible for activity under your account. Tell us right away at support@cymon.ai if you think your account has been misused.
3. The Service
Cymon is an AI assistant for sales professionals. Depending on your plan, it can join or listen to calls on Google Meet, Zoom and Microsoft Teams (through a meeting bot or your device); transcribe calls; show real-time coaching in a heads-up display; prepare you for meetings; run role-play practice; draft emails; and work with calendars and email you connect. We may add, change or remove features. If we remove a material paid feature, we will give notice where reasonable.
4. Plans, billing and cancellation
- Free and paid plans. We offer a Free plan and paid plans [plan names, prices and limits are on cymon.ai/pricing]. Free plan limits may change.
- Payment. Paid plans are billed in advance through our payment processor, Stripe, on a [monthly / annual] basis. You authorize us to charge your payment method for each period.
- Auto-renewal. Paid plans renew automatically until you cancel. You can cancel at any time in [Settings → Billing]. Cancellation takes effect at the end of the current billing period.
- Refunds. [Except where required by law, fees are non-refundable.]
- Price changes. We will give at least [30] days' notice of a price change. It applies from your next renewal.
- Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes.
- Enterprise. For enterprise pricing, single sign-on, or custom terms, contact us through the enterprise inquiry form or [sales@cymon.ai].
5. Recording, transcription and consent
Please read this section carefully.
- When you send Cymon to a meeting or let it listen, it captures and transcribes what participants say. Many laws require notice to, or consent from, everyone on a call before it is recorded or transcribed (for example "two-party" or "all-party" consent laws).
- You are responsible for telling participants that Cymon is in use and for getting every consent the law requires, and you may use Cymon only where it is lawful. The meeting bot appears in the meeting under the name [Cymon].
- Remove Cymon from a call when a participant objects or when the law requires it.
6. Connected accounts (Google, Microsoft and others)
- You can choose to connect third-party accounts such as Google Calendar, Gmail, and Microsoft Outlook/365. By connecting one, you authorize Cymon to access the data described on the provider's consent screen and in our Privacy Policy, only to provide the features you use.
- Cymon creates email drafts. It does not send email for you. You are responsible for reviewing and sending any draft.
- You can disconnect at any time. When you disconnect, we revoke our access and delete the related data as described in our Privacy Policy.
- Our use of data from Google APIs follows the Google API Services User Data Policy, including the Limited Use requirements. Google user data is never sold, never used for advertising, and never used to train AI models.
- Third-party services are governed by their own terms. We are not responsible for them.
7. Your content
- "Your Content" means what you or your call participants provide to, or generate with, the Service: audio, transcripts, documents, prompts, playbooks, emails and calendar data from connected accounts, and the outputs Cymon produces for you.
- You own Your Content. You give us a limited license to host, process, transmit and display it only to provide, secure and support the Service for you, and as described in our Privacy Policy.
- We do not use Your Content to train generalized AI models.
- You confirm you have the rights and consents needed to provide Your Content to us.
- We may create aggregated, de-identified usage statistics that do not identify you or any person. Google user data is excluded.
8. AI output
Cymon uses artificial intelligence. Output may be inaccurate, incomplete or out of date, including coaching, answers, summaries, transcripts and drafts. Check important information before you rely on it or share it, especially pricing, legal, technical or contractual statements made to prospects. You are responsible for what you say and send.
9. Acceptable use
You will not, and will not let others:
- record, transcribe or monitor anyone unlawfully or without required consent;
- use the Service for spam, unsolicited bulk email, harassment, discrimination, or deceptive practices;
- upload malware or content you have no right to share, or infringe anyone's rights;
- attempt to access accounts or data that are not yours, probe or break our security, or overload the Service;
- reverse engineer the Service, except as the law allows, or use it to build a competing product;
- use the Service to make decisions about credit, employment, housing or insurance;
- resell or sublicense the Service without our written permission; or
- break any law, or the policies of Google, Microsoft, Zoom or other platforms you use with Cymon.
10. Our intellectual property
We own the Service, including our software, models, prompts, personas, playbooks we provide, designs and trademarks. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you send us feedback, we may use it without obligation to you.
11. Suspension and termination
- You may stop using the Service and delete your account at any time.
- We may suspend or end your access if you materially breach these Terms, if your use creates legal or security risk, or if payment fails. We will give notice where reasonable.
- When your account ends, we delete your data as described in our Privacy Policy. Sections that by their nature should survive (for example ownership, disclaimers, liability limits and disputes) survive.
12. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that AI output will be accurate.
13. Limitation of liability
To the fullest extent allowed by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data; and (b) our total liability arising from these Terms or the Service will not exceed the greater of the amount you paid us in the [12] months before the claim or [US$100]. Some jurisdictions do not allow these limits, so they may not apply to you.
14. Indemnity
You will defend and indemnify Cymon against third-party claims arising from Your Content, from your recording of calls without required consent, or from your breach of these Terms or the law.
15. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Gloucester County, New Jersey, and both parties consent to that jurisdiction.
16. Changes to these Terms
We may update these Terms. If a change is material, we will notify you (for example by email or in the app) at least [30] days before it takes effect. If you keep using the Service after the effective date, you accept the updated Terms.
17. General
These Terms (with the Privacy Policy and any order form) are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
TOP Sales Partners, Inc. (DBA Cymon AI)
850 New Burton Road, Suite 201, Dover, Delaware 19904, United States