Last Updated: January 22, 2018

Welcome to the Wrappup website or mobile properties and related applications (collectively this “Site”) which is owned and operated by Wrappup, Inc., a Delaware corporation (“Wrappup”, “we” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (this “Agreement” or “Terms”), govern your access to and use of Site, apps and services (collectively the “Service”). The term “you” refers to the individual vising the Site, using our Service, and/or contributing content on this Site (“User”).

Please read this Agreement carefully before you start to use the Site.

By using the Site or by clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy incorporated herein by reference.

If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to Users who are 18 years of age or older and reside throughout the world (the “Territory”). If you are under 18 years of age, please do not use our Services.

By using this Site, you represent and warrant that you are of legal age to form a binding contract with Wrappup and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

THESE TERMS INCLUDE A MANDATORY, BINDING ARBITRATION CLAUSE, A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR JUDGE, AND AN AGREEMENT NOT TO PARTICIPATE IN A CLASS ACTION.

  1. Our Product

Wrappup allows participants to record discussions (“Recordings”) and simultaneously pin notes to the recording to mark relevant sections of the audio (“Highlights”) with information. Users can listen back to Highlights and add details to the associated notes. The audio is also processed by a speech to text engine to enable a speech search function, where Users can search through spoken words, and other transcript enabled functionality such as key work spotting, automated A.I. Highlights called “Smart Highlights” and transcript based playback. Wrappup provides analytics after the meeting using the speech transcript, information input by the User, and information that can be derived from audio processing. Wrappup is integrated with Google Apps for Work and Office365 as well as native mobile device calendar and contact functions. Users can also integrate with their Slack and Salesforce accounts in order to automatically push meeting links and summaries to those 3rd party platforms.

Users can record conversations through Wrappup’s mobile apps on Android and iOS. The mobile app may be used to record either face to face discussions or for telephone or teleconferencing discussions recorded via a VOIP outbound calling function. Users may also set-up auto-dial functionality (see next paragraph) from the mobile apps. Once a recording is completed, they are uploaded to Wrappup’s cloud, where they are processed, and made available for playback and sharing through either the mobile or web based applications. During a mobile based recording, subject to internet connectivity, transcription is processed live via cloud service provider and displayed on the device in real-time.

Wrappup has a calendar auto-dial-in function, where, upon user granting access to their calendar, Wrappup can scan for calendar events with teleconference dial-in numbers on the event description. Users may also add the Wrappup bot, Lucy@wrappup.ai to the calendar invitation, and then our system will also look for dial-in information to record the conversation. If Wrappup is unable to identify a teleconference dial-in number in either case, Users can input the dial in number and conference code manually. Once a user turns on the auto-dial for an event, Wrappup will automatically dial into the call 1 minute before the scheduled time of the call as a passive listener in order to record the conversation. These recordings will appear in the user’s profile after the call has ended. After the call is ended, these recordings are uploaded to Wrappup’s cloud, where they are processed, and made available for playback and sharing through either the mobile or web based applications.

Wrappup can also host web conferences via webRTC on its web application and shared to participants through unique URLs. These webRTC sessions provide the basic functions of video conferencing and screen-sharing while automatically recording the conversation. After the call is ended, these recordings are uploaded to Wrappup’s cloud, where they are processed, and made available for playback and sharing through either the mobile or web based applications.

  1. Account Registration and Your Information

If you want to use certain features of the Services, you may need to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You are solely and exclusively responsible for keeping any login credentials (such as a Username and password) confidential and limiting access to the Account, including, without limitation, any use by any unauthorized third-party, and are further responsible for changing login information (such as the password) to maintain continued confidentiality and limited access to your account. Wrappup will not be responsible for any losses arising out of the unauthorized use of your Username, password, and/or account and you agree to indemnify and hold harmless Wrappup, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal use of the same.

You may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is inaccurate, Wrappup reserves the right to suspend or terminate your account and refuse any and all future use of the Service by you. You further agree to immediately notify Wrappup of any unauthorized use of your password or account or any other breach of security. You further agree not to access the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or “bot”).

By using the Service, and creating an Account, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material (“User Materials”) posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services and give Wrappup permission to use your company logo in our Site and other print material to identify yourself as a registered User of the Service and for advertising purposes.

 

  1. Recordings and Your Responsibility

We offer the option for you to record calls, if you choose to use this service, then you must comply with the laws, regulations and rules in which you reside prior to recording any calls using our – VOIP and Web RTC and you expressly warrant and represent to Wrappup that you will comply at all times and will and you will indemnify and hold Wrappup and the Wrappup Indemnitees harmless from any violations thereof.

 

We make no representations or warranties with respect to call recording and recommend that you always secure consent before recording. You acknowledge that these representations and obligations are essential to the ability of Wrappup to provide you with access to call recordings and you further agree to indemnify, defend and hold Wrappup and its officers, directors, owners, employees, agents, consultants and vendors (“Wrappup Indemnitees”) harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) (collectively “Claims”) that may be incurred by Wrappup arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.

 

 

  1. Recorded Information

When Users launch a recorded session with Wrappup, whether recording through face to face discussions, or via telephone, or via web interfaces, Wrappup will capture audio recordings. These Recordings and subsequent Recording Information are considered Personal Information and confidential. Recordings are stored in Wrappup’s Cloud Infrastructure which is built on top of third party cloud service providers Microsoft, Google and Heroku. At the discretion of the recording Users or other Users who have been granted access by the recording Users, these recordings may be shared and accessed with both attendees and non-attendees of the session

We will not view Recording Information or Recordings except as necessary to support the service or as required by law. Recording Information may include calendars, schedules, attendee lists, subject names, email addresses, names, session records, written notes, audio recordings, transcripts, and any other information created or used while in session. When an attendee registers with one of our Users for an online meeting, webinar or training, that information is provided to the organizer of the session. Wrappup may store that information to fulfill our obligation to our customers, but we will not use the information to send marketing communications for Wrappup services or third party offers to attendees. You should be aware that any personal information you record or submit while in session can be read, collected or used by the meeting organizer and other meeting participants. We will not view Meeting Information, except as necessary to appropriately support the service and for the purpose of anticipating, diagnosing, supporting or resolving any problems that might limit or disrupt the quality of our customers’ service experience or as required by law.

 

  1. Acceptable Use Policy

5.1       General

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting User Materials that are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting User Materials that could be harmful to minors; (c) engaging in activity or submitting User Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass emailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service Users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting User Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting User Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting User Materials that displays pornographic or sexually explicit material of any kind; (h) submitting User Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting User Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting User Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, pyramid schemes, unsolicited marketing or other activities, including any activities that violate anti-spam laws and regulations including, and not limited to, the CAN SPAM Act of 2003, the TCPA Rules, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction); (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are for your internal business purposes, nor will you use this Service in violation of any applicable laws or regulations (including those relating to the recording of telephone calls telemarketing, and the sending of text or SMS messages), industry standards, third party policies (including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association), or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), or these Terms of Service.

5.2       Calling and Messaging through the Services

You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the electronic transmission of messages and calls that you create and initiate through the Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Services.

 

  1. Changes to Terms of Service

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, via the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted the modified Terms on the Site or via the App, you shall be bound by the modified Terms. Changes to the Terms will not create additional obligations for you. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

  1. Privacy

Your privacy and security is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. By using our Service, you also agree and accept our Privacy Policy.

8.Open Source

Certain items of software included in or used by the Wrappup Application are owned by or licensed from third parties and subject to “open source” or “free software” licenses (collectively, Open Source Software). This Open Source Software is not subject to the terms and conditions of this Agreement but are instead licensed under the terms of the end User license that accompany them. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of such end User license. If required by any license for particular Open Source Software, Wrappup makes such Open Source Software, and Wrappup’s modifications to that Open Source Software, available by written request at info@wrappup.co.

  1. Termination

We may terminate your access to and use of the Services, at our sole discretion, or if you violate material terms of this Agreement at any time and without notice to you. You may cancel your Account at any time by sending an email to us at info@Wrappup.co. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive. 

  1. Copyright

Wrappup respects copyright law and expects its Users to do the same. It is Wrappup’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. All information included on the Service, including but not limited to text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively “Content”), is the property of Wrappup or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.

By using the Service, you agree not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property right. You further acknowledge that all content distributed is an original work provided by Wrappup.

Additionally, in accordance with the DMCA, we have adopted the below policy towards copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users and (2) remove and discontinue service to repeat offenders.  If you wish to file a request to remove an alleged infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to our designated Copyright Agent. It is the policy of Wrappup to terminate the accounts of repeat infringers.
  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Wrappup’s Copyright Agent to receive DMCA takedown notices is Rami Salman, rami@wrappup.co, 8004 Whittier Blvd, Bethesda, MD, 20817. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement. 

  1. Trademarks

Wrappup’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Wrappup or its affiliates or licensors. You must not use such marks without the prior written permission of Wrappup. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

  1. License and Service Access

Wrappup grants you a limited, non-exclusive license to access and make personal use of the Service and not to reproduce or modify any portion of the Service, except with the express written consent of Wrappup. This license does not permit any resale or commercial use of the Service or its contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Service or its contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service or any part thereof for any commercial purpose without the express written consent of Wrappup. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You are prohibited from using any meta tags or any other “hidden text” utilizing the Service’s name or trademarks without the express written consent of Wrappup. Any breach of the foregoing license terminates the license granted by Wrappup. Hypertext linking to Wrappup and the Service is permitted so long as the link does not portray Wrappup, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. Wrappup reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Wrappup, adversely affects the goodwill of Wrappup or any trademark or service mark of Wrappup or its affiliates or content suppliers. You may not use any Wrappup logo or other proprietary graphic or trademark as part of the link without the express written permission of Wrappup.

  1. Service Availability

From time to time, the Service may not be available for any reason including, but not limited to, routine maintenance or technical problems. By your continued use of the Service, you understand and acknowledge that access to the Service may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds Wrappup liable for any damages arising out of your access to the Service (see Limitation of Liability (Section 15) below). Further, Wrappup reserves the right to refuse service, terminate accounts, and remove or edit content (including third party content) available on the Service.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Wrappup makes no representations or warranties of its services, third party hardware, or telecommunications networks utilized to provide the Wrappup services. Wrappup does not warrant that it services or information, content, or materials provided through the service are completely secure, uninterrupted or error free.

  1. Limitation of Liability

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WRAPPUP DOES NOT WARRANT THAT THE SERVICE; INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE; THEIR SERVERS; OR E-MAIL SENT FROM WRAPPUP ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WRAPPUP SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. WRAPPUP SHALL NOT IN ANY CASE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR DAMAGES ARISING FROM THE USE OF THE SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, OR PERSONAL INJURY / WRONGFUL DEATH EVEN IF WRAPPUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

  1. Indemnity

You agree to indemnify, defend and hold harmless Wrappup and the Wrappup Indemnitees from and against any and all Claims: any violation of these Terms; the User's content, information and other materials that the User or anyone using the User's account post on the Service or transmit to other Users; the User's use of information, content, materials and products (including software) made available by the Service, or; the User's violation of any rights of another.

  1. Dispute Resolution and Governing Law

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Site between you and Wrappup and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. The arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Wilmington, Delaware.  Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination. You further agree that you may not include your dispute as part of a class action against Wrappup.

By agreeing to this dispute resolution clause, you are agreeing to waive any right that you might have to resolve a dispute with us by judge or jury. You may opt out of this binding arbitration clause by sending us a notice to opt out within 30 days for registering and/or using the Service.

All other matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.

18. Export Compliance And Use Restrictions

Certain content and software components of the Service may be subject to U.S. export control and economic sanctions laws. If you are subject to U.S. laws, you agree to comply with all such laws and regulations as they relate to such software and content, and access and use of the Service. You shall not access or use the Service if you are located in Burma (Republic of the Union of Myanmar), Cuba, Iran, Libya, North Korea, Sudan, or Syria (the “Prohibited Jurisdictions”), and you shall also not provide access to the Service to any government, entity or individual located in the Prohibited Jurisdictions.

  1. Severability

Wrappup reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.

  1. Your Comments and Concerns

This Site is operated by Wrappup, Inc.

Wrappup, Inc.

8004 Whittier Blvd. Bethesda MD 20817

By email: info@wrappup.co

All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy in the manner and by the means set forth therein.

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@Wrappup.co. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.