Subtext Terms of Service

Last Updated: August 25, 2025

Welcome to Subtext. These Terms of Service (“Terms”) form a binding agreement between Subtext Technologies, Inc. (“Subtext,” “we,” “us,” or “our”) and: (a) any business that uses our Services (a “Customer”) and its authorized users. By accessing or using our websites, applications, or services (collectively, the “Services”), you agree to these Terms. If you do not agree, you may not use the Services.

Key definitions

• Customer Content: study questions, prompts, configurations, lists, or other materials a Customer provides.

• Participant Content: responses or materials submitted by individuals who participate in a study run by a Customer through the Services (e.g., text, audio, video, or screen recordings).

• Output: content generated by the Services based on Customer Content and/or Participant Content (e.g., summaries, transcripts, classifications, reports).

• Service Data: operational and technical data about how the Services are used, excluding the above.

• Aggregated/De-identified Data: information that has been combined or irreversibly de-identified so it cannot reasonably be linked to a person or Customer.

Eligibility and accounts

• You must be 18 or older to use the Services.

• Some features require an account. You must provide accurate information, safeguard your credentials, and are responsible for all activity under your account.

Use of Services

License. Subtext grants Customers and their authorized users a limited, non-exclusive, non-transferable right to access and use the Services to create and run studies and to generate Outputs.

Recording features. The Services support text, audio, video, and may support screen recording where enabled. Subtext will provide an in-platform notice and/or consent prompt when recording occurs. Customers remain responsible for ensuring their use of recording features is lawful, including providing any additional notices or consents required under applicable law.

Acceptable use. You may not:

• copy, modify, or reverse engineer the Services;

• bypass or interfere with security features;

• upload malware or harmful code;

• use bots or scrapers outside of documented APIs;

• use the Services unlawfully or for high-risk or life-critical purposes;

• collect or request Sensitive Personal Information (such as health data, financial accounts, government IDs, or precise geolocation) unless the study makes this explicit and obtains consent.

Fair use. We may apply reasonable limits or throttling to protect system stability and may suspend accounts for abuse or security risks.

Third-party tools. The Services may integrate with third-party platforms (for example: storage, transcription, analytics). Your use of those services is governed by their terms; Subtext is not responsible for them.

Content and intellectual property

Ownership.

• Customers own their Customer Content.

• As between Subtext and the Customer, the Customer owns Outputs generated from its studies.

• Subtext and its licensors own the Services and all related intellectual property.

License to Subtext. Customers grant Subtext a limited license to host, process, display, and create derivative works of Customer Content and Outputs. Customers also authorize Subtext to process Participant Content submitted through their studies, solely for the purposes of providing and supporting the Services, generating reports and analytics, and complying with law.

Improvement. Subtext may use Customer Content, Participant Content, and Outputs to improve the Services for that Customer’s own workspace (e.g., refining templates or workflows specific to that Customer). Subtext does not use Customer or Participant Content to train broad models used across customers. We may use Service Data and Aggregated/De-identified Data to improve reliability and security.

Responsibilities. Subtext is responsible for operating the Services consistent with its published privacy disclosures, including displaying in-platform notices. Customers are responsible for ensuring they have the rights and permissions to provide Customer Content, invite Participants, and use Participant Content for their research purposes in compliance with law.

Content moderation. We may remove content that violates these Terms or applicable law.

Privacy, storage, and retention

Your use of the Services is also governed by Subtext’s privacy disclosures, including the Privacy Statement for Research Participants. In short:

• Data is stored on secure servers in the United States.

• Deleted content is removed from active systems and retained in secure backups for approximately 30 days before permanent deletion.

• We use commercially reasonable safeguards to protect data, but no system is perfectly secure.

Suspension and termination

We may suspend or terminate access if we believe there are security risks, abuse, or violations of these Terms. You may stop using the Services at any time. Upon termination, Customers may request export of their Content and Outputs for 30 days. After that, we may delete or de-identify them in line with our retention practices.

Disclaimers

The Services and Outputs are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Outputs will be error-free, unique, or fit for any specific decision.

Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or revenue.

• Each party’s total liability is capped at the greater of: (i) the amounts paid or payable by the Customer to Subtext in the 12 months before the claim, or (ii) $100 if no fees were paid.

Indemnification

Customers agree to defend and indemnify Subtext against claims, damages, or costs arising from: (i) Customer Content, (ii) collection or use of Participant Content, or (iii) use of the Services in violation of law or these Terms.

Changes

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, via email or the admin console). Continued use of the Services after changes take effect constitutes acceptance.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any disputes must be brought in the state or federal courts located in San Francisco, California, and the parties consent to personal jurisdiction and venue there.

Notices

You may contact us at:

Subtext Technologies, Inc.
2261 Market Street, #85383
San Francisco, CA 94114
support@subtextlabs.ai

Miscellaneous

• These Terms are the entire agreement unless a separate written agreement (e.g., MSA) is signed with Subtext, in which case that agreement controls.

• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

• If any provision is held unenforceable, the rest remain in effect.

• Failure to enforce a provision is not a waiver of our rights.

• Provisions relating to ownership, disclaimers, limitations of liability, indemnification, and governing law will survive termination.