We are thrilled you are here! These Terms of Service (“Terms”) are a legal agreement between you (“you” or “your”) and Fastrepl, Inc. (“Company,” “we,” “us,” or “our”), a Delaware corporation, governing your access to and use of Hyprnote (the “Service”). Hyprnote is a product of Fastrepl, Inc., designed to help you record, transcribe, and summarize meetings with a privacy-first approach. We have kept these Terms approachable, but they are important. By installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to these Terms, our Privacy Policy, and, where applicable, our Data Processing Agreement (collectively, the “Agreement”). If you do not agree, please do not use the Service. If you have questions, reach out to us at help@hyprnote.com.

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Quick Summary

  • Always obtain valid consent before recording anyone, as required by law.
  • Your content stays on your device by default, with minimal analytics collected.
  • You can opt out of telemetry for full data control in Settings.
  • The Service is provided “as is,” with no guarantees.

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Our Service

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What Hyprnote Offers

  • Meeting and conversation recording with local AI-powered transcription.
  • Automatic summaries of recorded content using on-device models.
  • Privacy-focused approach: your content stays on your device by default.
  • Experimental option to use cloud-based AI models (disabled by default).
  • macOS desktop app (with more platforms coming soon).
  • Optional analytics (PostHog, Sentry) you can disable at any time.
  • Full data control by opting out of telemetry in Settings.

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Service Availability

  • We strive for high uptime but do not guarantee it.
  • We may release updates, which may require you to install the latest version.
  • Features may change, be removed, or be added at our discretion.
  • Beta features are experimental, provided “as is,” and may not be stable.

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Your Privacy

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Limited Data Collection

As detailed in our Privacy Policy:
  • Desktop App Analytics:
    • PostHog collects anonymous usage metrics (e.g., feature usage, session ID).
    • Sentry collects error reports (e.g., device model, IP address at error).
    • You can opt out of both in Settings.
  • Website Analytics and Support:
    • PostHog tracks anonymous site traffic (e.g., page views).
    • Intercom powers customer support chat (e.g., messages you send).
    • You can opt out via browser settings or by not engaging with these features.
  • Paid Plans: For Individual or Enterprise plans, we collect name, email, billing address, and payment details (processed by Stripe, not stored by us).
  • Cloud-Based Models: If enabled, we collect only usage data (e.g., number of API calls) and cost data, never your content.
  • Your Content: Your recordings, transcripts, and notes remain on your device and are never collected, stored, or analyzed by us, even with cloud models enabled.
  • Full Control: Disable all telemetry in Settings for complete data privacy.

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Your Responsibilities

General Obligations
  • Maintain the security of your device and access credentials.
  • Install software updates as needed to ensure compatibility and security.
  • Comply with all applicable local, state, federal, and international laws, including data protection and recording laws.
  • Follow our community guidelines or codes of conduct, if provided.

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Recording Rights

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Before Recording:

  • Notify and obtain explicit consent from all participants, as required by applicable laws (e.g., one-party, or all-party consent laws).
  • Ensure compliance with local, state, federal, and international recording laws.
  • Respect participants’ privacy and their right to opt out of recording.
  • Verify you have legal authority to record the content.

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Recording Ethics:

  • Do not record sensitive, confidential, or illegal content (e.g., protected health information, trade secrets).
  • Honor any confidentiality or non-disclosure obligations.
  • Provide participants with a way to opt out of recordings (e.g., verbal consent withdrawal).
  • Securely store recordings on your device to prevent unauthorized access.
  • Use recordings only for lawful, permitted purposes consistent with these Terms.

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Intellectual Property

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Your Content

  1. Definition: “Your Content” includes your recorded meetings, transcripts, notes, summaries, and any other data you create with Hyprnote.
  2. Ownership: You retain full ownership of Your Content.
  3. Local Processing: Your Content is processed entirely on your device by default. We do not receive, store, or process Your Content on our servers.
  4. Cloud Processing Option: If you enable experimental cloud-based models, Your Content may be temporarily processed by third-party cloud services, but we do not store, retain, or analyze it. You are responsible for reviewing the third-party provider’s privacy policy.
  5. License to Us: By using the Service, you grant us a limited, non-exclusive, royalty-free license to process Your Content solely as necessary to provide the Service (e.g., local transcription or optional cloud processing). This license ends when you delete Your Content or uninstall the Service.
  6. Complete Privacy: Your Content remains under your control, and we do not access it unless explicitly authorized by you.

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Our Rights

  • We own all rights, title, and interest in the Hyprnote software, including source code, AI algorithms, user interfaces, designs, trademarks, and brand assets (collectively, “Our IP”).
  • The core Hyprnote app is open source under the GNU Affero General Public License (AGPLv3), available for review on GitHub. Enterprise features may use a custom license.
  • You agree not to reverse-engineer, modify, copy, distribute, or create derivative works of Our IP, except as permitted under the AGPLv3 or other applicable open-source licenses.
  • You may not remove or alter any proprietary notices (e.g., copyright or trademark notices) in the Service.

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Acceptable Use

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Do’s

  • Use Hyprnote for lawful, intended purposes (e.g., recording meetings with consent).
  • Respect the privacy, rights, and confidentiality of others.
  • Comply with all applicable laws, including data protection and recording laws.
  • Report system vulnerabilities or abuse to help@hyprnote.com.
  • Maintain backups of Your Content to prevent data loss.

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Don’ts

  • Share device access or allow unauthorized use of the Service.
  • Engage in abusive, harassing, or harmful behavior through the Service.
  • Upload or record unlawful, offensive, or infringing content.
  • Interfere with or disrupt the Service (e.g., hacking, spamming, or introducing malware).
  • Use Hyprnote for activities that violate these Terms, our Privacy Policy, or applicable laws.

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Warranty Disclaimers

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Service Provided “As Is”

  • Hyprnote is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • We do not guarantee the Service will be error-free, secure, uninterrupted, or compatible with your device.
  • We do not guarantee the accuracy, reliability, or completeness of any content or output (e.g., transcriptions, summaries).
  • Beta features are experimental and may contain bugs or instability.

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Local Processing Approach

  • With our local-first approach, you are responsible for securing Your Content on your device.
  • We are not responsible for data loss, corruption, or unauthorized access occurring on your device.

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Limitation of Liability

  • To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or business opportunities, arising from your use of the Service.
  • Our total liability for any claim related to the Service is limited to the greater of (i) the amount you paid us for the Service in the 12 months preceding the claim (if applicable) or (ii) $100 USD.
  • These limitations apply even if we have been advised of the possibility of such damages and regardless of the legal theory (e.g., contract, tort, statute).

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Indemnification

  • You agree to indemnify, defend, and hold harmless Fastrepl, Inc., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
    • Your use of the Service in violation of these Terms or applicable laws;
    • Your Content, including any infringement of third-party rights (e.g., privacy, intellectual property);
    • Your failure to obtain required consents for recording; or
    • Any breach of your obligations under the Agreement.

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Security

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Our Commitment

  • We design Hyprnote with security in mind, using industry-standard measures (e.g., encryption for data in transit).
  • Our local-first approach ensures Your Content stays on your device by default.
  • We evolve our security practices to address new threats and technologies.

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Your Role

  • Keep your device, operating system, and software up to date.
  • Use strong passwords and secure your device against unauthorized access.
  • Maintain regular backups of Your Content.
  • Report any security vulnerabilities or suspicious activity to help@hyprnote.com immediately.

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Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles, except where preempted by other applicable data protection or consumer protection laws in your jurisdiction.
  • General Disputes: Any disputes arising under these Terms will be resolved through good-faith negotiation. If negotiation fails, disputes will be resolved in the state or federal courts located in San Francisco, California, unless your local laws grant you the right to pursue claims in your jurisdiction’s courts. You consent to the jurisdiction of San Francisco courts for matters not covered by mandatory local laws, subject to your statutory rights.
  • Alternative Dispute Resolution: For disputes related to data protection or consumer rights, we encourage alternative dispute resolution mechanisms, such as mediation, where permitted by law. Contact our Data Protection Officer (DPO) at help@hyprnote.com to initiate such processes.
  • International Compliance: Nothing in these Terms limits or excludes your mandatory statutory rights under the laws of your jurisdiction, including consumer protection, data protection, or other applicable laws. If any provision conflicts with your local laws, the local law will prevail to the extent of the conflict.

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Regulatory Compliance

  • You agree to comply with all applicable data protection laws (e.g., GDPR, CCPA/CPRA, COPPA) and recording laws in your jurisdiction.
  • You are responsible for ensuring your use of the Service complies with export controls, import restrictions, and other local legal requirements.
  • If you are an Enterprise Plan user, additional compliance terms may apply as specified in your agreement.

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Changes to Terms

  • We may update these Terms periodically to reflect changes in the Service, laws, or our operations.
  • For material changes, we will notify you via an in-app message or email at least 30 days before they take effect.
  • Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

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Analytics

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Desktop App

  • PostHog: Collects anonymous usage data (e.g., feature usage, session ID) to improve performance. Opt out in Settings.
  • Sentry: Collects error reports (e.g., device model, IP at error) to fix bugs. Opt out in Settings.

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Website

  • PostHog: Tracks anonymous page views and referrers to improve the website. Block via browser settings or ad blockers.
  • Intercom: Stores chat messages and IP for support. Opt out by closing the chat widget or not initiating chat.
  • Canny: Collects feedback and optional email/name for product development. Opt out by not submitting feedback.

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Cloud-Based Models

  • If enabled, we collect only usage data (e.g., API call count) and cost data, not Your Content. This feature is optional and disabled by default.
  • You can revert to local-only processing at any time.

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Full Data Control

  • Disable all telemetry in Settings to prevent any analytics data from being sent to our servers.
  • The Service functions fully without telemetry enabled.

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Premium Features

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Premium Plans

  • Individual and Enterprise Plans: Offer advanced features (e.g., custom integrations, team management), priority support, and the same privacy-first approach.
  • Payment Processing: Handled securely by Stripe, as detailed in our Privacy Policy.
  • Enterprise Plans: May include on-premises deployment with telemetry disabled by default, as specified in your agreement.

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Account Deletion

  • You may uninstall the Service at any time, which deletes all local data (e.g., Your Content) from your device.
  • For paid plans, you can request deletion of billing data (e.g., name, email) via Settings > Privacy > Delete Account or by emailing help@hyprnote.com. Deletion is irreversible and terminates your access to the Service.
  • We will process deletion requests within 30 days, subject to legal obligations.

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Support & Contact

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Help & Support

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Termination

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By Us

  • We may suspend or terminate your access to the Service if you violate these Terms, engage in abusive or unlawful behavior, or if we suspect fraud or security risks.
  • Upon termination, your right to use the Service ends immediately, but Your Content remains on your device unless deleted by you.
  • We will notify you of termination where feasible, except in cases of urgent legal or security issues.

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By You

  • You may stop using the Service at any time by uninstalling the app.
  • For paid plans, you can cancel your subscription via your account settings or by contacting help@hyprnote.com.

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Binding Arbitration and Class Action Waiver

  • Arbitration: Any disputes arising from these Terms or your use of the Service (except for injunctive relief or intellectual property claims) will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in New Castle County, Delaware.
  • Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.
  • Costs: Each party will bear its own costs, except as provided by AAA rules or applicable law.
  • Exceptions: You may pursue claims in small claims court if eligible, and we may seek injunctive relief in court to prevent irreparable harm (e.g., IP infringement).
  • Opt-Out: You may opt out of arbitration by sending written notice to legal@hyprnote.com within 30 days of first using the Service.

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Final Notes

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Severability

  • If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
  • We will replace any invalid provision with one that reflects our original intent, to the extent permitted by law.

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Complete Agreement

  • These Terms, together with our Privacy Policy and, where applicable, our Data Processing Agreement, constitute the entire agreement between you and Fastrepl, Inc. regarding the Service.
  • They supersede any prior or concurrent agreements, communications, or proposals.
  • In case of conflict, the Privacy Policy prevails on privacy matters, and the Data Processing Agreement prevails on cloud-based processing.

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No Waiver

  • Our failure to enforce any provision of these Terms is not a waiver of that or any other provision.
By using Hyprnote, you agree to these Terms of Service. We are excited to help you record, transcribe, and collaborate with our privacy-focused approach. Remember, you can always opt out of telemetry for full data control in Settings. Thanks for choosing Hyprnote!