Terms of Service

1. The agreement

These Terms of Service (“Terms”) are a binding agreement between you and Pinto Labs Incorporated, a Delaware corporation based in San Francisco, California (“Pinto Labs”, “we”, “us”). They govern the Cereal app for Mac, the Cereal service it connects to, and this website (together, “Cereal”).

By downloading, installing, signing in to or using Cereal, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use Cereal. If you use Cereal for a company or other organization, you agree to these Terms for it and confirm you have the authority to do so; “you” then includes the organization.

2. Eligibility and accounts

• You must be at least 13 years old. If you’re in the European Economic Area or the United Kingdom, you must be at least 16, or the lower age of digital consent where you live, if there is one.
• If you’re under 18, or the age of majority where you live, you may use Cereal only with your parent or legal guardian’s permission, and they agree to these Terms for you and are responsible for your use.
• You may not use Cereal if we’ve previously suspended you, or if the law forbids it.
• You sign in with a Google account. You’re responsible for everything that happens under your account and for keeping your Mac and Google account secure. Tell us promptly at support@pintolabs.ai if you suspect unauthorized use.
• Give us accurate information, and don’t impersonate anyone or share your account.

3. The beta

Cereal is a pre-release product offered as a private beta. It may contain bugs, be unavailable, lose or corrupt data, change, or be discontinued, and we may limit who can use it and how much, at any time. There’s no service-level commitment. Keep your own copies of anything important, for example with Markdown export.

4. Recording and consent

You are solely responsible for complying with every law that applies to recording, transcribing and processing conversations, and for obtaining any notice and consent those laws require from everyone in the conversation. Some places, including California, require the consent of all parties to a confidential conversation. Workplaces, schools and other organizations may have their own rules.

• Tell people you’re taking notes with Cereal, and stop if anyone objects or the law or their policies don’t allow it.
• Don’t use Cereal to record anyone secretly, or where people have a reasonable expectation that they aren’t being recorded.
• We provide a tool at your direction. We don’t know who is in your conversations, can’t get their consent for you, and aren’t responsible for your use of Cereal to record them.

5. Your content

“Your Content” means what you and Cereal create from your meetings: audio as it streams, transcripts, notes, recaps, titles and pictures, plus anything you add, edit or share. As between you and us, you own Your Content.

• License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt Your Content only as needed to provide, secure and support Cereal for you and the people you choose to share with, including sending it to our service providers for those purposes. The license ends when Your Content is deleted from our systems, except for copies others already received from you.
• No training. We don’t use Your Content to train artificial intelligence or machine-learning models, and we don’t sell it.
• Sharing. A share link makes what you shared readable by anyone who has the link, and link previews in other apps may show its title and first lines. Invitations and team shares give the people you choose access. You decide what to share and with whom, and you’re responsible for having the right to share it. Others may keep copies of what you shared, which we can’t retract.
• Your responsibility. You’re responsible for Your Content and confirm you have every right and consent needed for us to process it as these Terms describe. We don’t review Your Content, but we may remove or disable access to it if we believe it breaks these Terms or the law.

6. AI output and third-party content

• Cereal uses artificial intelligence. Transcripts, notes, titles, recaps, explanations and pictures (“Output”) are generated automatically and may be inaccurate, incomplete, out of date, or attribute statements wrongly. Output doesn’t reflect our views. Review it before relying on it or sharing it.
• Lookups show explanations and pictures from public web sources and search services we don’t control, and illustrations generated on request and labeled as such. We don’t endorse third-party content. Your use of it, including any reuse outside Cereal, is at your own risk and subject to its owners’ rights.
• Similar requests may produce similar Output for other people; Output that isn’t unique to you isn’t Your Content.
• Cereal never generates sexual, nude or intimate imagery, and its illustrations never depict real people. It refuses such requests.

7. Health, legal and high-risk uses

• Health information. Cereal isn’t designed to meet the requirements of HIPAA or other health privacy laws, and Pinto Labs isn’t your business associate unless we have signed a business associate agreement with you. Don’t use Cereal to record, transcribe or store protected health information unless we have.
• No professional advice. Cereal doesn’t provide medical, legal, financial or other professional advice, and isn’t a substitute for a professional record-keeper, court reporter or interpreter.
• High-risk uses. Don’t rely on Cereal in emergencies or where its failure or an error in its Output could lead to death, injury, or significant physical, financial or legal harm.
• Don’t use Cereal to process information subject to special legal requirements (for example, classified information or payment card data) without our written agreement.

8. Acceptable use

You agree not to, and not to help anyone else to:

• break any law or infringe, misappropriate or violate anyone’s rights, including privacy, publicity, recording and intellectual property rights;
• record, surveil or track people without the notice and consent the law requires, or harass, threaten, defame or discriminate against anyone;
• share content that is illegal, sexually exploits minors, promotes violence, or that you don’t have the right to share;
• create, request or share sexual or intimate imagery of anyone, or any imagery of a real person without their consent, including AI-generated or “deepfake” imagery;
• access Cereal other than through its interfaces, get around its limits, security or access controls, or use another person’s account;
• copy, modify, reverse engineer, decompile or disassemble Cereal, except where the law allows despite this restriction;
• probe, scan or test the vulnerability of Cereal, except under a written agreement with us;
• send automated traffic, overload or disrupt the service, or introduce malware;
• resell, sublicense or provide Cereal to others as a service, or use it or its Output to build or train a competing product or model;
• use Cereal to make decisions about people’s eligibility for employment, credit, housing, insurance or similar opportunities.

9. Fees, plans and taxes

• Cereal is free during the beta. We may introduce paid plans, change features, or set usage limits on free use at any time.
• If you buy a paid plan, you agree to pay the price and taxes shown when you buy, using a payment method you’re authorized to use. We’ll tell you the price, billing period and how to cancel before you’re charged.
• Automatic renewal. Subscriptions renew automatically at the end of each period until you cancel. Before you subscribe, we’ll show the renewal terms and get your consent; we’ll confirm them afterward, remind you before a renewal when the law requires, and let you cancel online at any time. Cancellation takes effect at the end of the current period.
• We’ll give you at least 30 days’ notice of a price increase; it applies from your next renewal, and you can cancel before it does.
• Fees are non-refundable except where the law requires a refund or we say otherwise in writing.
• You’re responsible for all taxes except those on our net income. We may suspend paid features for non-payment.

10. The software and updates

• Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Cereal app on Macs you own or control, for your own personal or internal business use.
• Cereal updates itself. You agree to receive updates; some features, or the service, may require the latest version.
• Third-party and open-source components are licensed under their own terms, which control where they conflict with these Terms.
• We reserve all rights not expressly granted.

11. Our rights, feedback and copyright

• Cereal, including its software, design, text, artwork and the Cereal name and logos, belongs to Pinto Labs and its licensors, and is protected by law.
• If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you.
• Copyright complaints. If you believe content available through Cereal infringes your copyright, email support@pintolabs.ai with the work, the material and where it is, and your contact details. We may remove material and will end the accounts of repeat infringers where appropriate.

12. Third-party services

Cereal works with services we don’t control, including Google sign-in and Google Calendar, and the video-call apps you use. Your use of them is governed by their own terms and privacy policies, and we aren’t responsible for them or for their availability.

13. Suspension and termination

• You can stop using Cereal at any time, and delete your account in Settings → Account.
• We may suspend or end your access, or end the beta or Cereal, at any time and for any reason, including if you break these Terms or the law, create risk or possible legal exposure for us or others, or don’t pay. When we can, we’ll give you notice and a chance to export your meetings.
• If your access ends, we may delete your account data from our systems. Meetings saved on your Mac stay there.
• Sections on your content license (for content already shared), AI output, fees owed, our rights, disclaimers, limitation of liability, indemnification, release, dispute resolution, governing law and general terms survive termination.

14. Disclaimers

Cereal and all Output are provided “as is” and “as available”, with all faults. To the fullest extent the law allows, Pinto Labs and its affiliates, officers, employees, agents, suppliers and licensors disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any arising from course of dealing or usage of trade. We don’t warrant that Cereal will be uninterrupted, secure, error-free or free of harmful components, that Output will be accurate or complete, or that your data won’t be lost.

Some jurisdictions don’t allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

15. Limitation of liability

To the fullest extent the law allows, Pinto Labs and its affiliates, officers, employees, agents, suppliers and licensors won’t be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or use, or the cost of substitute services, arising from or related to Cereal or these Terms, however caused and under any theory of liability, even if advised of the possibility.

Our total liability for all claims arising from or related to Cereal or these Terms is limited to the greater of (a) the amounts you paid us for Cereal in the 12 months before the event giving rise to the claim, or (b) US$50.

These limits are an essential part of the bargain between us, apply even if a remedy fails of its essential purpose, and don’t limit liability that can’t be limited by law, such as for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. Some jurisdictions don’t allow these limits, so some may not apply to you.

16. Indemnification

To the extent the law allows, you’ll defend, indemnify and hold harmless Pinto Labs and its affiliates, officers, employees and agents from any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to Your Content, your recording of or sharing with other people, your breach of these Terms, or your violation of any law or anyone’s rights. We may take over the defense of a claim at our own expense, and you’ll cooperate. You won’t settle a claim that affects us without our written consent.

17. Release

Cereal lets you share with other people, and we aren’t responsible for what they do. To the fullest extent the law allows, you release Pinto Labs and its affiliates, officers, employees and agents from claims and damages, known and unknown, arising from disputes between you and other users or third parties. If you’re a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law elsewhere.

18. Dispute resolution and arbitration

Please read this section carefully. It requires you and us to resolve most disputes by individual binding arbitration, not in court, and waives the right to a jury trial and to take part in a class action. You can opt out within 30 days, as explained below.

• Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought (to us at support@pintolabs.ai), and both must try in good faith to resolve it for 60 days. Any deadline is paused during that time.
• Arbitration. Except as listed below, any dispute, claim or controversy arising from or related to Cereal or these Terms, including their formation, scope and enforceability, will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Rules for claims over US$250,000) and, for consumers, its Consumer Arbitration Minimum Standards. The Federal Arbitration Act governs this section. The arbitrator decides questions of arbitrability, except as stated in the class action waiver below.
• Where and how. Arbitration will take place in San Francisco, California, by video, or, if you’re a consumer, in the county where you live. The arbitrator may award any individual relief a court could, and must follow these Terms and the law.
• Costs. If you’re a consumer, you won’t pay more in arbitration fees than you would to file in court, and we’ll pay the rest of the fees JAMS requires the business to pay. Each side bears its own attorneys’ fees unless the law or the arbitrator provides otherwise.
• Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and may seek injunctive or equitable relief in court to stop infringement or misuse of intellectual property or unauthorized access to Cereal. Claims for public injunctive relief will be decided by a court after all other claims are arbitrated, and are stayed until then.
• Class action and jury waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone else. You and we waive any right to a jury trial. If this waiver is found unenforceable for a claim, that claim (and only that claim) will be decided by a court, not in arbitration.
• Mass arbitration. If 25 or more similar arbitration demands are filed against us by or with the help of the same or coordinated counsel, they’ll be administered in batches of up to 50, one batch at a time, with a single arbitrator for each batch where the rules allow, and the parties will cooperate in good faith to resolve them efficiently. Limitation periods are paused for demands waiting in a batch.
• Opting out. You can opt out of this arbitration agreement by emailing support@pintolabs.ai within 30 days after you first accept these Terms, with your name, the email address of your Cereal account, and a clear statement that you opt out of arbitration. Opting out doesn’t affect the rest of these Terms.
• Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it’s permanently barred.
• Changes. If we materially change this section, we’ll give you at least 30 days’ notice, the change won’t apply to disputes already notified, and you may reject it by emailing us within that time, in which case the previous version applies to you.

19. Governing law and venue

These Terms and any dispute between you and us are governed by the laws of the State of California, USA, and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn’t apply. Any claim that isn’t arbitrated will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and we consent to their personal jurisdiction and venue. This doesn’t deprive you of the protection of mandatory consumer laws where you live.

20. Changes to these terms

We may change these Terms. We’ll post the new version here with a new effective date and, for material changes, notify you in the app or by email at least 30 days before they take effect, unless a change is required sooner by law or to address security or misuse. Continuing to use Cereal after changes take effect means you accept them; if you don’t agree, stop using Cereal and delete your account.

21. Export and sanctions

You’ll comply with US and other applicable export control and sanctions laws. You confirm that you aren’t located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and aren’t on any US government list of prohibited or restricted parties.

22. General

• Electronic communications. You agree to receive notices and communications from us electronically, in the app or by email, and that they satisfy any legal requirement that they be in writing. Notices to us go to support@pintolabs.ai.
• Assignment. You may not assign these Terms without our consent. We may assign them, including in a merger, acquisition or sale of assets.
• Force majeure. We aren’t liable for delays or failures caused by events beyond our reasonable control.
• Severability and waiver. If any part of these Terms is unenforceable, it’s changed only as much as needed, and the rest stays in effect. Not enforcing a provision isn’t a waiver.
• Entire agreement. These Terms and the Privacy Policy, plus any written agreement signed with us, are the entire agreement about Cereal and replace any earlier ones. If a signed agreement conflicts with these Terms, the signed agreement controls.
• No third-party beneficiaries. These Terms don’t give rights to anyone else. Headings are for convenience only, and “including” means “including without limitation”.
• Relationship. We’re independent parties; these Terms don’t create a partnership, agency or employment relationship.

23. Notice for California users

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Contact

Pinto Labs Incorporated · San Francisco, California · support@pintolabs.ai