End User License Agreement

Please read these terms and conditions carefully before using Our Service.

Overview

This August Software and Services End User License Agreement (“EULA”) governs your download, installation, access to, and use of software and services provided by August Solutions, Inc., a Delaware corporation (“August,” “we,” “us,” or “our”), including the August desktop application, mobile applications, web applications, APIs, and related services (collectively, the “Services”).By downloading, installing, accessing, or using the Services, you agree to this EULA, August’s Terms and Conditions, and August’s Privacy Policy. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

License Grant

Subject to this EULA and your organization’s active August account, August grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the software solely for your organization’s internal business purposes.The software is free to download, but use of the Services requires an active paid enterprise account or other authorization from August or your organization’s account administrator. This EULA does not grant you any ownership interest in the software or Services.

License Restrictions

You may not:
- Copy, modify, distribute, sell, lease, sublicense, or transfer the software;
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the software, except where applicable law expressly permits it;
- Remove or alter proprietary notices;
- Use the Services to violate applicable law or third-party rights;
- Circumvent account limits, access controls, or security features;
- Use the Services to develop or provide a competing product; or
- Permit unauthorized persons to access or use the Services.

Accounts and Enterprise Access

Your organization is responsible for managing its August account, authorized users, credentials, devices, and access permissions. August may suspend or terminate access if an account is overdue, unauthorized, misused, or otherwise violates this EULA or the applicable customer agreement.If your access is provided through an organization, that organization may control your access to content, recordings, transcripts, summaries, and other materials submitted to or generated by the Services.

Recordings and Legal Compliance

You are solely responsible for ensuring that your use of the Services, including recording, transcribing, analyzing, storing, or sharing conversations, complies with all applicable laws, regulations, contractual obligations, workplace policies, and third-party rights.You are responsible for providing all required notices and obtaining all required consents, permissions, and authorizations before recording or processing any person, conversation, audio, video, transcript, or other content. You must not use the Services where such use is prohibited or without the legally required authorization.
To the maximum extent permitted by law, August is not responsible for your failure to provide required notices, obtain required consent, or comply with applicable recording, privacy, employment, communications, or data-protection requirements.

Customer Content

You retain your rights in content that you submit to the Services, including recordings, transcripts, text, and other materials (“Customer Content”). You grant August the rights necessary to host, process, transmit, reproduce, and otherwise use Customer Content to provide, maintain, secure, and improve the Services, in accordance with the applicable customer agreement, Terms and Conditions, and Privacy Policy.You represent that you have all rights and permissions necessary for August to process Customer Content as contemplated by this EULA.

Generated Results

The Services may generate transcripts, summaries, recommendations, classifications, or other results using automated or artificial intelligence systems. Generated results may be incomplete, inaccurate, or unsuitable for a particular purpose. You are responsible for reviewing generated results before relying on or sharing them.
The Services do not provide legal, medical, financial, employment, or other professional advice.

Intellectual Property

August and its licensors retain all rights, title, and interest in and to the software, Services, documentation, interfaces, designs, models, improvements, and related technology, excluding Customer Content.Except for the limited license expressly granted in this EULA, no rights are granted to you by implication or otherwise.

Third-Party Services and Components

The Services may interoperate with or include third-party software, services, platforms, or open-source components. Your use of those components may be subject to additional terms. August is not responsible for third-party services that it does not control.

Updates and Changes

August may provide updates, upgrades, patches, or modifications to the software. Some updates may be installed automatically or may be required for continued access to the Services.
August may modify, suspend, or discontinue all or part of the Services at any time, subject to any applicable customer agreement.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.AUGUST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUGUST AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR PRIVACY ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUGUST’S TOTAL LIABILITY ARISING FROM OR RELATED TO THIS EULA OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID TO AUGUST FOR THE APPLICABLE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF NO SUCH AMOUNT WAS PAID.Nothing in this EULA excludes liability that cannot legally be excluded or limited.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless August and its affiliates, officers, directors, employees, and service providers from claims, damages, liabilities, costs, and expenses arising from or related to:
- Your use or misuse of the Services;
- Your Customer Content;
- Your failure to obtain required notices, consents, or permissions;
- Your violation of applicable law or third-party rights; or
- Your breach of this EULA or an applicable customer agreement.

Termination

This EULA remains effective while you use the Services or maintain an authorized account. Your license ends automatically when your account or authorization ends.
Upon termination, you must stop using the software and delete all copies in your possession or control, except where retention is required by law or an applicable customer agreement. Sections concerning ownership, Customer Content, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.

Governing Law and Disputes

This EULA is governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Any legal action arising from or related to this EULA or the Services must be brought in the state or federal courts located in Cook County, Illinois, and you consent to the jurisdiction and venue of those courts.
The parties should confirm this provision with counsel. Illinois is the practical default because August’s existing Terms identify Illinois as the applicable country/jurisdiction and the company operates from Chicago. Incorporation in Delaware alone does not necessarily make Delaware the best dispute venue.

Priority of Agreements

If you use the Services under a separate written enterprise agreement, that agreement controls in the event of a conflict with this EULA. Otherwise, this EULA, the Terms and Conditions, and the Privacy Policy govern your use of the Services.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: team@helloaugust.ai
By phone number: 312.439.8413