SleepMind, Inc. (operating as Scriben)
Last Updated: April 28, 2026
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING THE SCRIBEN PLATFORM, YOU AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER IN SECTION 16.7. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SCRIBEN PLATFORM.
Scriben may modify, pause, or discontinue the Services, or amend this Agreement, as described in Section 16.6.
Capitalized terms not defined elsewhere have the meanings set out below.
"Account": An account you create to access and use the Services.
"Authorized Users": Individuals you authorize to access and use the Services under your Account (e.g., your employees or contractors).
"Content": Text, data, audio, video, images, code, notes, transcripts, outputs, and other materials provided through or generated by the Services.
"Customer Data": Information, data, and materials submitted to or processed by the Services on your behalf, including recordings, transcripts, and documentation outputs.
"De-Identified Data": Data that does not identify an individual and for which there is no reasonable basis to believe it can be used to identify an individual, including as de-identified under HIPAA where applicable.
"Documentation": User guides, help content, and technical documentation we make available for the Services.
"Feedback": Suggestions, comments, ideas, improvements, or other feedback you provide regarding the Services.
"Order Form": A mutually executed order form, subscription, quote, online checkout, or other ordering process referencing these Terms.
"PHI": "Protected Health Information" as defined under HIPAA, to the extent applicable.
"Professional": A licensed or credentialed individual using the Services in a professional capacity, including but not limited to attorneys, financial advisors, consultants, and researchers.
"Services": The Scriben hardware (including the Scriben pen), mobile and desktop applications, web platform, and related services.
"Subscription": A paid plan for access to the Services for a specified term (e.g., monthly or annual).
Scriben provides AI-powered transcription, note generation, and documentation tools intended to support professionals in legal, financial, consulting, and other knowledge-intensive fields, as well as personal note-taking. Scriben does not provide legal advice, financial advice, medical advice, or any other form of regulated professional advice or services.
ALL OUTPUTS GENERATED BY THE SERVICES ARE FOR DOCUMENTATION AND PRODUCTIVITY SUPPORT ONLY. OUTPUTS MUST BE REVIEWED, VERIFIED, AND APPROVED BY THE RELEVANT PROFESSIONAL BEFORE BEING USED IN ANY CLIENT-FACING RECORD, FILING, OR OTHER CONSEQUENTIAL CONTEXT. YOU REMAIN SOLELY RESPONSIBLE FOR (A) ALL PROFESSIONAL JUDGMENTS AND DECISIONS; (B) THE ACCURACY, COMPLETENESS, AND APPROPRIATENESS OF ANY DOCUMENTATION; AND (C) COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, PROFESSIONAL STANDARDS, AND ETHICAL OBLIGATIONS.
The Services are not a substitute for independent professional judgment and may not be relied upon as the sole basis for billing, legal filings, financial recommendations, or any other consequential professional output. Professionals are responsible for ensuring that their use of the Services is consistent with applicable rules of professional conduct, privilege protections, confidentiality obligations, and institutional policies.
You must have the legal capacity to enter into a binding contract to use the Services. The Services are not directed to children under the age of 13 (see Privacy Policy, Section 13). If you use the Services as an entity, you represent that you are duly organized and in good standing and have authority to accept these Terms.
You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You will promptly notify us of any suspected unauthorized access or use.
You will ensure that your Authorized Users comply with these Terms. You are responsible for your Authorized Users' acts and omissions as if they were your own.
You will use the Services only for lawful purposes and in accordance with these Terms and the Documentation. You will not, and will not permit any third party to:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying components of the Services (except to the extent prohibited by law);
Access or use the Services to build, benchmark, or develop a competing product or service, or for competitive analysis;
Circumvent or attempt to circumvent any usage limits, access controls, security measures, or authentication mechanisms;
Introduce malware, viruses, worms, or other harmful code;
Interfere with or disrupt the integrity or performance of the Services or related systems;
Use the Services to collect, store, transmit, or disclose Content in violation of law, third-party rights, or privacy obligations;
Upload or transmit any content that is unlawful, defamatory, infringing, or otherwise objectionable;
Record conversations without the consent of all parties where required by applicable law;
Remove or alter proprietary notices on the Services or Content; or
Share Accounts or credentials in a manner not expressly permitted by your Subscription or Order Form.
We may suspend or terminate access if we reasonably believe you have violated these Terms, your use creates a security risk, or suspension is required by law.
The Services may be used to record conversations. Recording laws vary by jurisdiction. In many U.S. states (including California, Florida, Illinois, Massachusetts, Pennsylvania, and Washington) and in many jurisdictions worldwide, all parties to a conversation must consent to being recorded.
You are solely responsible for ensuring that your use of the Services complies with all applicable recording consent laws, wiretapping statutes, and professional confidentiality obligations in every jurisdiction in which you operate. This includes, without limitation, obtaining all required consents before recording any conversation.
Scriben provides technical tools only. We make no representation that use of the Services in any particular manner is lawful in any particular jurisdiction, and we are not responsible for your failure to obtain required consents or to comply with applicable recording laws.
"Confidential Information" means any information disclosed by one party to the other that is marked or reasonably should be understood to be confidential, including business, technical, and product information. Confidential Information excludes information that: (a) is or becomes publicly available without breach; (b) was rightfully known to the receiving party without restriction; (c) is received from a third party without breach of obligation; or (d) is independently developed without use of the disclosing party's Confidential Information.
Each party will use the other's Confidential Information only as necessary to perform under these Terms and will protect it using reasonable care. Confidentiality obligations survive termination. Nothing in this Section limits either party's obligations with respect to Customer Data, PHI, or privileged communications, which are governed by the more specific provisions of these Terms, applicable law, and professional obligations.
8.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy at scriben.ai/privacy, incorporated herein by reference.
8.2 Security
We maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, including encryption in transit and at rest, role-based access controls, and audit logging, as further described in our Privacy Policy.
8.3 HIPAA and PHI; Business Associate Agreement
Scriben does not currently offer a HIPAA-eligible configuration of the Services or a Business Associate Agreement. If you are a "Covered Entity" or "Business Associate" under HIPAA, you may not use the Services to create, receive, maintain, or transmit Protected Health Information (PHI) until (a) Scriben offers a HIPAA-eligible configuration in writing, and (b) the parties have executed a written Business Associate Agreement ("BAA"). If and when such a configuration becomes available, the BAA will govern with respect to PHI to the extent there is any conflict with these Terms.
If you would like to be notified when a HIPAA-eligible configuration becomes available, please contact us at the address in Section 16.4.
8.4 Legal and Financial Professionals
If you are an attorney, law firm, financial institution, or other regulated professional, you are solely responsible for ensuring that your use of the Services is consistent with applicable rules of professional conduct, attorney-client privilege, work product doctrine, confidentiality obligations, and any applicable regulations (including SEC, FINRA, or other financial regulatory requirements). Scriben makes no representation that the Services satisfy any particular professional compliance requirement.
8.5 De-Identified Data
To the extent permitted by applicable law, we may create and use De-Identified Data derived from Customer Data to operate, maintain, and secure the Services. De-Identified Data is handled in a manner that does not identify any individual and does not permit re-identification, and we will not attempt to re-identify any such data.
8.6 Your Responsibilities
You represent and warrant that you have all rights, permissions, and consents necessary to provide Customer Data to us for processing. You are responsible for providing any required notices and obtaining any required consents from clients, workforce members, or other individuals, and for complying with all applicable privacy, data protection, and consent laws.
9.1 Our IP
The Services, Documentation, and all related technology and intellectual property rights are owned by Scriben or our licensors and are protected by applicable laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
9.2 License to You
Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Term for your internal business or personal purposes.
9.3 Customer Data
As between the parties, you own Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit, display, process, and otherwise use Customer Data as necessary to provide, secure, and operate the Services for you, and as otherwise permitted by these Terms and the Privacy Policy. We do not use Customer Data to train cross-customer or general-purpose AI models, as further described in Section 6 of the Privacy Policy.
9.4 Feedback
If you provide Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute the Feedback for any purpose without obligation to you. Do not provide Feedback that you consider confidential.
The Services may interoperate with or link to third-party services. Third-party services are not under our control, and we are not responsible for their content, availability, security, or practices. Your use of third-party services is subject to their own terms and policies.
We may suspend, modify, or discontinue interoperability or integrations based on third-party actions or changes at any time without notice.
Some features may be offered in beta, pilot, preview, or similar status ("Beta Features"). Beta Features are provided "AS IS" and may contain errors. We may change, suspend, or discontinue Beta Features at any time without notice. You use Beta Features at your own risk, and we have no liability for Beta Features to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that outputs will be accurate, complete, or suitable for any professional purpose. You are solely responsible for verifying all outputs and for any actions taken based on your use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such exclusion is not permitted in your jurisdiction, the warranties given in this Section apply to the maximum extent permitted by law.
13.1 Indemnification by You
You will defend, indemnify, and hold harmless Scriben and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your or your Authorized Users' access to or use of the Services; (b) Customer Data; (c) your breach of these Terms; (d) your violation of applicable law or professional obligations; or (e) your failure to obtain required consents for recording or data processing.
13.2 IP Infringement Claim (Limited Remedy)
If a third party claims that the Services infringe a U.S. patent, copyright, or trade secret, we may, at our option: (i) procure the right for you to continue using the Services; (ii) modify or replace the Services to make them non-infringing with substantially similar functionality; or (iii) terminate your access and refund any prepaid, unused Fees for the terminated portion of the Subscription term. This Section states your exclusive remedy for such claims.
These Terms begin when you first accept them or use the Services and continue until terminated ("Term"). You may terminate by stopping use and (if applicable) canceling your Subscription. We may terminate or suspend access immediately if you breach these Terms, if required by law, or if we reasonably determine your use poses a security risk.
Upon termination, your right to use the Services will cease. Sections 2, 5, 7, 8, 9, 12, 13, 15, 16, and 17 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCRIBEN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SCRIBEN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SCRIBEN IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
16.1 Governing Law
These Terms are governed by the laws of the State of California, excluding its conflicts of law principles, except that the Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the arbitration provisions in Section 16.7.
16.2 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.
16.3 Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship.
16.4 Notices
We may provide notices to you electronically via the Services, email, or website posting. You are responsible for keeping your contact information current. Notices to us should be sent to:
General questions: hello@scriben.ai
Legal notices, privacy requests, and arbitration opt-outs: emma@scriben.ai
16.5 Entire Agreement; Severability; Waiver
These Terms (including the Privacy Policy, any Order Form, and if applicable any BAA) constitute the entire agreement regarding the Services and supersede all prior agreements on the subject. If any provision is unenforceable, the remaining provisions will remain in effect, except that if the class action waiver in Section 16.7 is found unenforceable as to any claim, the entire arbitration provision in Section 16.7 will be null as to that claim and such claim will proceed in court. A waiver must be in writing and is limited to the specific instance.
16.6 Changes to the Services and Terms
We may update the Services and these Terms from time to time. We will post updated Terms and update the "Last Updated" date. For material changes, we will provide reasonable advance notice (e.g., by email to the address associated with your Account or by a prominent notice in the Services). Changes are effective when posted, except that changes to Fees take effect as described in Section 6 and changes to Section 16.7 are subject to the special rule stated there. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.
16.7 Mandatory Arbitration; Class Action Waiver; 30-Day Opt-Out
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. You and Scriben agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding individual arbitration, except as set out in subsection (e) below. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
(b) Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced (https://www.adr.org). The arbitration will be conducted by a single arbitrator. The arbitration may be conducted in person, by documents only, by telephone, or by video conference, as determined by the arbitrator under the AAA Consumer Rules. The seat of arbitration is San Francisco County, California, but you are not required to travel; the AAA Consumer Rules' provisions on hearing location apply.
(c) Fees. Scriben will pay all AAA arbitration fees in excess of the consumer filing fee specified by the AAA Consumer Rules, except where the arbitrator determines a claim is frivolous or brought for an improper purpose.
(d) Class Action Waiver. YOU AND SCRIBEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. If this class action waiver is found unenforceable as to any Dispute, that Dispute will proceed in court rather than in arbitration, and the rest of this Section 16.7 will remain in effect.
(e) Exceptions. This Section 16.7 does not require arbitration of: (i) small-claims-court actions brought on an individual basis; (ii) actions to enforce intellectual property rights; or (iii) injunctive relief sought in court for unauthorized use, infringement, or misappropriation of intellectual property.
(f) 30-Day Opt-Out. You have the right to opt out of this Section 16.7. To opt out, send a written notice to emma@scriben.ai within thirty (30) days of first accepting these Terms (or, if you accepted prior versions of our Terms that did not contain an arbitration clause, within thirty (30) days of the Last Updated date of these Terms). Your notice must include your full name, the email address associated with your Account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.
(g) Changes to This Section. If Scriben makes any material change to this Section 16.7, you may reject the change by sending a written notice to emma@scriben.ai within thirty (30) days of the change taking effect, in which case the version of this Section 16.7 in effect immediately before the change will apply to any Dispute between you and Scriben.
(h) Survival. This Section 16.7 survives termination of these Terms.
17. Apple App Store Additional Terms
The following terms apply if you download the Scriben mobile application from the Apple App Store. These terms are in addition to the rest of these Terms and apply only to your use of the iOS version of the application.
(a) Acknowledgment. You acknowledge that these Terms are between you and Scriben only, and not with Apple Inc. ("Apple"). Scriben, not Apple, is solely responsible for the iOS application and its content.
(b) Scope of License. The license granted to you for the iOS application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
(c) Maintenance and Support. Scriben is solely responsible for providing any maintenance and support for the iOS application. Apple has no obligation to furnish maintenance or support.
(d) Warranty. Scriben is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.
(e) Product Claims. Scriben, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS application or your possession or use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) Intellectual Property Claims. In the event of any third-party claim that the iOS application or your possession and use of it infringes that third party's intellectual property rights, Scriben, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(g) Compliance with Laws. You represent that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Third-Party Beneficiary. You and Scriben acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they apply to the iOS application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
18. Contact Us
SleepMind, Inc. (operating as Scriben)
General questions: hello@scriben.ai
Legal notices and privacy requests: emma@scriben.ai
Website: https://www.scriben.ai