Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and People Make Things, Inc. ("People Make Things," "Company," "we," "us," or "our"), the operator of the Discap Discord application (the "Bot") and the website at discap.bot and its subdomains (together with the Bot, the "Service"). By adding Discap to a Discord server, configuring it, using its commands, speaking in a voice channel where it is recording after the recording notice has been posted, or using the website, you agree to these Terms. Our Privacy Policy separately explains how we collect, use, retain, and disclose personal information, and you acknowledge that it has been made available to you. If you do not agree to these Terms, do not use the Service. Where law requires additional notice or consent, accepting these Terms does not replace it.

If you add or configure Discap on behalf of a server, community, company, or other organization, you represent that you have authority to bind that organization, and "you" includes it.

PLEASE READ CAREFULLY. Once added, Discap joins active voice channels in your server by default and records them. It announces recording in the channel, transmits audio to Inworld during the call for transcription, and sends transcripts and participants' display names through OpenRouter to an AI provider to generate summaries and answers. Video is never recorded. Eligible audio and transcripts are also used to train AI models that improve Discap and other People Make Things products, subject to Section 7 and Privacy Policy Section 6.1. Any participant can keep their voice out with /optout. These Terms include an arbitration agreement and class-action waiver (Section 16) and limitations of liability (Sections 13 and 14).

1. Eligibility

You must meet Discord's minimum age requirement (13, or the higher minimum age that applies in your country) to use the Service. To add Discap to a server, configure it, or accept these Terms on behalf of a server or organization, you must be at least 18 years old and have the authority to do so. By using the Service you represent that you meet these requirements and are not barred from using it under applicable law. Do not use Discap in servers or channels intended for children.

2. The Service and the Discord Platform

Discap provides voice-meeting tooling for Discord servers: recording of voice channels announced when the Bot joins; per-speaker capture and speaker-labeled transcription; AI-generated summaries, decisions, action items, and open questions posted to a configured channel; meeting-memory features that answer questions about past calls; storage of audio and transcript artifacts for playback, download, and re-processing; and commands for configuring, starting, stopping, and reviewing recordings.

Discap operates entirely through Discord. Your use of Discord is governed by Discord's terms and policies, and you must comply with them. Discord account status, server permissions, voice infrastructure, API behavior, rate limits, and platform changes are outside our control and can affect or interrupt the Service at any time.

Early access. The Service is in an early-access phase and under active development. Features, commands, limits, retention behavior, output formats, and other characteristics are expected to change, sometimes without prior notice. Descriptions on the website reflect the product as it is now and are not a commitment that any feature will remain available or behave the same way.

3. Server Administrators: Installation, Controls, and Access

By default, after installation Discap automatically joins active voice channels in the server and records them. Server Administrators control this behavior with /automode, /norecord, /channel, /settings, and /setup, can stop any recording, can restrict who may stop recordings, decide whether audio downloads are enabled, choose where recaps are posted, and can remove the Bot at any time. We recommend limiting the Bot's permissions to the channels and roles that need it.

Who can see transcripts, recaps, and downloads inside Discord is determined by your server's own permission setup, which you manage. You are responsible for configuring those permissions appropriately and for how Meeting Content is used and shared within and beyond your server.

4. Recording Notice, Consent, and Lawful Use

Discap announces recording with its "Recording a call" status and a recording card in the voice channel's text chat, re-notifies new participants, and offers Stop, Discard, and Keep my voice out controls. Capture begins when the Bot connects; the card is delivered on a best-effort basis. These product behaviors inform participants; they do not replace your legal obligations.

Laws on recording conversations vary by country, state, and context and may require notice to or consent from every participant. Server Administrators who install, configure, or activate Discap are solely responsible for (a) deciding whether recording is appropriate and lawful for their server, (b) providing any notice and obtaining any consent that applicable law requires from participants before they are recorded, and (c) the manner in which recordings, transcripts, and summaries are used and shared. Recording without required consent may be illegal in your jurisdiction. Do not use the Service for covert recording or surveillance of any kind. Where applicable law requires us to provide additional notice or obtain consent before recording or transmitting audio, we remain responsible for doing so; these user responsibilities do not shift our own non-waivable obligations.

5. Participant Choices

Any participant may run /optout or press Keep my voice out to exclude their own voice from transcription, every visible surface, and AI training, as described in Privacy Policy Section 5.3; may leave the channel; and may mute recap direct messages from the message itself. Anyone in the call, or an administrator, may stop a recording, and administrators may discard a call from the server's surfaces. Discarding or opting out does not itself delete stored audio or transcripts; deletion requests are described in Privacy Policy Section 10.

6. AI-Generated Outputs

Transcripts, summaries, decisions, action items, answers, statistics, and other outputs are generated automatically, including by machine-learning systems, and may contain errors, omissions, mistranscriptions, misattributed speech, or statements that were never made. Outputs are provided for convenience only. You are responsible for reviewing outputs before relying on them, and you must not rely on them as the sole basis for moderation, employment, legal, medical, financial, academic, or safety decisions.

7. Your Content and Limited AI-Improvement License

"Your Content" means the audio, transcripts, summaries, and other content recorded or generated through the Service in your server, together with the commands, questions, and feedback you submit. As between you and us, you and the participants in your calls retain the rights you hold in Your Content. We claim no ownership of it.

So that we can run the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, adapt (for example, transcoding, formatting, and excerpting), analyze, and display Your Content as necessary to operate, provide, secure, maintain, and improve the Service, including generating and posting recaps and answers to your server.

For recorded audio and transcripts, this license expressly includes developing, training, testing, evaluating, and improving artificial-intelligence and machine-learning models used to provide and improve Discap and other People Make Things products, but only for eligible data and subject to every limitation in Privacy Policy Section 6.1, including its rules for previously collected recordings, jurisdictions that require consent, participants under 18, opt-outs, and deletion requests. Contracted service providers may exercise limited rights solely on our behalf under confidentiality, security, and use restrictions and may not train their own models on Your Content. This license does not authorize selling or licensing recordings or transcripts to AI labs or other third parties for their own training. Transforming data or removing identifiers does not avoid these limits.

A participant's opt-out or a deletion request excludes the affected audio and transcripts from all subsequent training, testing, and evaluation, including datasets already prepared. Retention of source data, training copies, and derivatives is governed by Privacy Policy Section 10. Opt-outs, retention limits, and deletion requirements control over any broader wording of this license. Opting out or deletion does not automatically reverse completed training; subject to applicable law and privacy rights, we may continue to operate models lawfully trained before an opt-out or deletion. This does not authorize retaining source data contrary to a valid deletion request and is not an exemption from legal remedies concerning trained models.

You represent that you have the rights needed to provide Your Content and grant this license, including any notice to or consent from participants that applicable law requires, and that doing so does not violate another person's rights. You do not grant rights on behalf of other participants beyond what you are lawfully able to grant; each participant receives Discap's recording notice and acts on their own behalf with respect to their own choices.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.

8. Pricing and Plans

The Service is currently free. The website describes current public pricing and limits, including any paid plan for high-volume servers. We may introduce paid plans, usage-based limits, feature tiers, or other commercial terms, and may change pricing over time; material pricing changes affecting existing paid subscriptions will be communicated with reasonable notice. Where paid plans exist, applicable taxes may be added as required by law.

9. Acceptable Use

You agree to use the Service in compliance with all applicable laws and Discord's policies. You may not use the Service to record conversations without legally required notice or consent; harass, abuse, stalk, threaten, or harm others, or invade another person's privacy; infringe the intellectual-property, publicity, or other rights of others, or process content you have no right to process; distribute malware or attempt unauthorized access to our systems, other servers' data, or other users' data; probe, overload, disrupt, or impair the Service or circumvent rate limits, usage limits, or security measures; reverse engineer, decompile, or extract the source code, models, or non-public data of the Service, except where such restriction is prohibited by law; use automated systems to extract data from the Service without our express permission; evade recording-choice, opt-out, or training-exclusion controls; or resell or offer the Service to third parties as a service bureau without our written agreement. We may investigate suspected violations and may throttle, suspend, or terminate access.

10. Intellectual Property

The Service, including its software, models, design, branding, website content, and documentation, other than Your Content ("Company Materials"), is owned by the Company or its licensors and protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your server. We reserve all rights not expressly granted. Our rights in Company Materials do not enlarge the license to Your Content or override privacy rights.

11. Third-Party Services and Availability

The Service depends on Discord and on the providers described in the Privacy Policy, including speech-to-text, AI, hosting, and storage providers. We do not control these services and make no guarantees about their availability, pricing, performance, or practices; changes to or unavailability of any of them may impair or disable the Service, sometimes without notice. Nothing in this Section removes our obligations regarding providers that process data on our behalf or authorizes independent model training on Your Content. We may modify, suspend, or discontinue the Service or any feature, impose or change limits on usage, retention, storage, or access, and perform maintenance, at any time and without a service-level commitment during early access. The data-handling commitments in the Privacy Policy continue to apply to data we hold.

12. Privacy and Termination

Our collection, use, disclosure, retention, and deletion of personal information, including recordings, transcripts, and summaries, are described in the Privacy Policy, which forms part of these Terms. The limits referenced in Sections 4, 5, and 7 restrict the rights granted under these Terms, and nothing in these Terms waives non-waivable privacy rights or replaces any consent required by applicable law.

You may stop using the Service at any time by removing the Bot from your server; removal stops new recording but does not delete Meeting Content already collected, which is handled as described in Privacy Policy Section 10. We may suspend or terminate your or your server's access at any time, with or without notice, for violation of these Terms, suspected abuse, legal or security reasons, or otherwise at our reasonable discretion during early access. Sections 6, 7 (only for its expressly permitted purposes and subject to all retention, deletion, opt-out, and applicable-law limits), 10, and 13 through 17 survive termination.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not permit the exclusion of particular warranties, so these exclusions apply only where permitted.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED (100) US DOLLARS. These limits do not exclude or limit liability that applicable law does not permit us to exclude or limit, including mandatory consumer-protection rights.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and service providers from and against third-party claims, liabilities, losses, and reasonable expenses, including attorneys' fees, arising from your use of the Service, Your Content, your breach of these Terms, or your violation of applicable law or the rights of another person, including recording someone without required notice or consent. This provision does not shift our own non-waivable legal obligations to you.

16. Governing Law and Dispute Resolution

These Terms and any dispute relating to them or the Service are governed by the laws of the State of California, without regard to conflict-of-law principles, subject to mandatory protections that apply to you, including the consumer-protection law of your country of residence if you are a consumer in the European Union or another jurisdiction with such mandatory law. Before starting formal proceedings, contact us at the address in Section 17 and attempt in good faith to resolve the dispute informally for at least 30 days, except where applicable law permits otherwise.

Binding arbitration. To the maximum extent permitted by applicable law, unresolved disputes will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual action in small-claims court. Class-action waiver: to the extent permitted by law, each party may bring claims only in an individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding. Where applicable law does not permit arbitration, disputes will be resolved in the state or federal courts located in San Francisco, California, and you and we consent to their personal jurisdiction. Nothing in this Section limits non-waivable rights, your ability to contact or cooperate with a regulator, or remedies that applicable law makes available notwithstanding this Section.

17. Changes, Miscellaneous, and Contact

We may update these Terms as the Service develops. For material changes, we will update the "Last updated" date and give notice through the website, the Bot, or our support server, explain the changes, and obtain renewed assent where required by law. New uses of previously collected recordings are not authorized merely by posting revised Terms or by continued use; Privacy Policy Section 6.1 continues to govern. If you do not agree to updated Terms, remove the Bot and stop using the Service; your privacy and deletion rights remain available.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.

People Make Things, Inc.
2261 Market Street, STE 35679
San Francisco, CA 94114, United States of America
Email: support@discap.bot
Discord: Discap Support server, or the website chat.