Last Modified: September 10, 2021

Gryphon ONE for Zoom

Gryphon Networks Corp. (“Gryphon”, “Gryphon.ai”, “we,” “us,” “our”) provides Gryphon ONE for Zoom, including any new features and related services, (collectively, the “Service” or “Services”) to you as defined herein subject to the following Terms of Use (as may be amended from time to time, the “Terms of Use”). Use of the Services is also subject to the Privacy Policy located at https://gryphon.ai/privacy-policy/ which is hereby incorporated by reference into these Terms of Use. By accessing or using the Services, you accept the Privacy Policy and expressly consent to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy.

Additionally, as these Terms of Use are specific to Gryphon ONE for Zoom, your use of the Services is subject to all terms, conditions and obligations included within the master services agreement and applicable order forms and/or service attachments (collectively, a “Customer Contract”) that are effective by and between Gryphon and the organization you are employed by or otherwise associated with while accessing such Services. Gryphon’s Services are exclusively designated for business use and must be used only in accordance with their contractual intended purpose.

To access and enjoy the Service, you, as an organization or an authorized user of an organization (collectively, “you”), must agree to the Terms of Use and acknowledge that you are entering into a legally binding contract with us. By accessing and/or using the Service, you acknowledge and agree that you have read and accept these Terms of Use. If you do not agree to the Terms of Use, do not access nor use the Service.

Changes to the Terms of Service

We reserve the right, in our sole discretion, to change or modify portions of these Terms of Use at any time by (a) posting the revised terms on Gryphon’s website and/or (b) announcing the revised terms to Gryphon’s customer base, which may be accomplished via generally distributed notice (including via electronic mail). Any such changes or modifications to the Terms of Use shall take effect thirty (30) days after such Terms of Use are updated on the Gryphon website or notice is otherwise provided. Gryphon will note the most current version by indicating a ‘Last Update’ date at the top of the Terms of Use, reflecting the date such revised Terms of Use are posted on the Gryphon website. You should periodically visit the Terms of Use so you are aware of any revision to which you are bound. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use.
Access and Use of the Service:
1. Service Description: Gryphon ONE for Zoom is an application that uses metadata sent to Gryphon by Zoom webhooks to retrieve conference details, participants, transcripts, and recordings. Gryphon makes the data retrieved from Zoom available in the Gryphon ONE Platform.
2. Account Obligations: You are required to have an active account with Gryphon to access and use the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about your organization and authorized users as prompted by any applicable subscription and/or order form.
3. Age Restrictions: If you are under 18 years of age, you are not authorized to use the Service. By using the Service, you affirm that you are at least 18 years of age. You agree that you are fully able and competent to enter-into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use, and to abide and comply with both these Terms of Use as well as the terms and conditions set forth in the controlling Customer Contract.
4. Authorized User Account, Password and Security: You are responsible for maintaining the confidentiality of your security credentials and applicable account, if any, and are fully responsible for all activities that occur under your security credentials or account. You agree to (a) immediately notify Gryphon of any unauthorized use of your security credentials or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Gryphon will not be liable for any loss or damage arising from your failure to comply with this Section.
Conditions of Use
1. User Conduct: You shall be solely liable for any calls and/or content communicated through the Service and that Gryphon has no control over such or the content of any communication. Additionally, you are solely responsible for all acts or omissions that occur under your account or password, including the content of your calls or that you communicate through the Service.
2. Monitoring use of Service: You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Use; or (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
3. Lawful Use: You represent and warrant that your use of the Service is lawful, does not violate any local, municipal, state, international or other laws and does not violate the rights of any third party.
4. Fees: You acknowledge that Gryphon reserves the right to charge for the Service pursuant to the terms of the Customer Contract. You agree to pay all fees when due in accordance with the terms set forth in the Customer Contract. You are responsible for paying all charges related to your account, including but not limited to, internet connection charges for your underlying web and phone service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service.
5. Storage: Except where required by law, Gryphon is not obligated to store your communications, call details, including transcriptions and analytics. You agree that Gryphon has no responsibility or liability whatsoever for the deletion or failure to store any information produced, maintained, or communicated via the Service. Gryphon stores data related to Zoom conference details, Zoom conference recordings, and Zoom conference transcripts.
6. Commercial Use: You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
1. Software and Trademarks: Except as expressly authorized by Gryphon, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to your own user content that you legally transmit via the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Gryphon (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Gryphon.
2. Third Party Material: Under no circumstances will Gryphon be liable in any way for any content transmitted or communicated by third parties or at the direction of users.
Indemnity and Release

You agree to release, indemnify, defend and hold Gryphon and its affiliates, and each of our and their business partners, officers, employees, directors, representatives and agents harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Use, your violation of any law, or your violation of any rights of another.
Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRYPHON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GRYPHON MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CALLS, CONVERSATIONS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRYPHON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GRYPHON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GRYPHON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GRYPHON IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination

You agree that Gryphon, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service or any assigned numbers, for any reason, including, without limitation, if Gryphon believes that you have violated or acted inconsistently with the letter and/or spirit of these Terms of Use or in violation of any other terms, conditions or obligations specified with the Customer Contract.
User Disputes

You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Service and Gryphon will have no liability or responsibility with respect thereto.
General

These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. The failure of Gryphon to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Prior to initiating any legal action arising out of the use of this Service, you shall provide Gryphon written notice of a dispute and both you and Gryphon shall actively and in good faith negotiate with an aim to speedy resolution of such dispute within thirty (30) days of Gryphon’s receipt of such notice. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

Gryphon Networks, 33 Arch Street, Floor 17, Boston, MA, 02110, United States

General Inquiries: 866-366-6822