Polygraf Meeting Guard is a meeting security, governance, recording, transcription, note-taking and analysis service that may join supported online meetings as an identified participant and generate recordings, transcripts, meeting notes, summaries, alerts, detection results and related analytics.
These Service-Specific Terms of Use are an addendum to Polygraf’s Terms of Use and set forth the terms and conditions that apply to your access to and use of Polygraf Meeting Guard, its related applications, integrations and other interfaces (collectively, the “Meeting Guard Service” or “Meeting Guard”) provided by Polygraf Inc. (“Polygraf,” “we,” “us” or “our”).
By accessing or using Meeting Guard, you are entering into a binding contract with Polygraf. Your contract with us includes Polygraf’s Terms of Use, these Meeting Guard Service-Specific Terms of Use, our Privacy Policy, any applicable Data Processing Agreement (“DPA”), Customer Agreement, Service Order or Order Form, and any rules or policies incorporated into those agreements (collectively, the “Agreements”). Capitalized terms not defined in this Addendum have the meanings given to them in the Terms of Use.
If there is a conflict concerning Meeting Guard, any signed Customer Agreement or Order Form will control as provided in the Terms of Use; an applicable DPA will control with respect to the processing of Personal Data; and this Addendum will otherwise control over inconsistent provisions of the general Terms of Use relating specifically to Meeting Guard.
Depending on the Customer’s subscription, deployment, configuration, meeting platform and available features, Meeting Guard may:
Available functionality may differ based on the Customer’s subscription, deployment, configuration and supported meeting platform, and may change in accordance with the Terms of Use.
Unless expressly identified otherwise in a written Customer Agreement, Meeting Guard’s analysis of synthetic, manipulated or AI-assisted audio is not biometric identity authentication, does not establish the identity of a speaker, and does not constitute a determination that any person has engaged in deception, misconduct, fraud or other wrongful conduct.
“Meeting Data” means Customer-provided or Customer-directed audio, video, meeting invitations, participant information, spoken or written communications, files, transcripts and other information submitted to, collected by or processed through Meeting Guard at the Customer’s direction.
“Meeting Outputs” means transcripts, meeting notes, summaries, detection scores, highlighted segments, classifications, alerts, reports and other results generated by Meeting Guard from Meeting Data.
As between Polygraf and Customer, Customer retains all rights it possesses in Meeting Data. Subject to underlying third-party rights, Customer may use Meeting Outputs for its authorized purposes in accordance with the Agreements and applicable law.
Customer grants Polygraf the limited rights reasonably necessary to host, access, transmit, reproduce, analyze, transform, redact, store and otherwise process Meeting Data solely to provide, secure, maintain, support and administer Meeting Guard and to comply with applicable law.
Unless Customer expressly agrees otherwise in a separate written agreement, Polygraf will not use, and will not permit a Sub-processor to use, Meeting Data or Meeting Outputs to train, fine-tune, retrain, evaluate, benchmark or otherwise develop or improve Polygraf or third-party machine learning models.
For avoidance of doubt, to the extent any provision of the general Terms of Use grants Polygraf broader rights to use Customer-Provided Content or User Data for product improvement, that provision will not apply to Meeting Data or Meeting Outputs processed through Meeting Guard to the extent inconsistent with this Section or an applicable DPA.
Polygraf may use service telemetry that does not contain Meeting Data or Personal Data for security, capacity management, system administration, fraud prevention, service reliability and operation of the Meeting Guard Service.
Customer Responsibility for Recording Laws. Laws governing recording, transcription, monitoring, automated analysis, workplace monitoring, privacy, wiretapping, electronic communications and participant consent vary by jurisdiction and may depend on the location of individual meeting participants. Customer is solely responsible for determining and satisfying all notice, consent, authorization, lawful-basis and recordkeeping requirements applicable to Customer’s use of Meeting Guard, including obtaining affirmative consent from one, all or any other required number of meeting participants where applicable law requires such consent.
Polygraf Default Notice and Recommendation. Meeting Guard is designed to operate as a visible and identified meeting participant. Polygraf’s default Meeting Guard configuration includes, and Polygraf strongly recommends that Customers maintain, participant-facing notification that the meeting is being recorded, transcribed and/or analyzed. Depending on the meeting platform and Customer configuration, such notice may include visible identification of the Meeting Guard participant together with an automated audio announcement, visual notification, meeting-chat message or other available notice mechanism. Customer should maintain such notification in addition to any pre-meeting notice, consent workflow, employment notice, privacy notice, contractual consent or other disclosure required by applicable law or Customer policy.
Customer Customization of Notices. Meeting Guard may allow Customer to customize the agent name, wording, timing, channel, appearance or activation of participant notifications. Any Customer decision to disable, remove, suppress, obscure, reduce, bypass or materially alter Polygraf’s default or recommended participant notification is made solely at Customer’s direction and risk. Customer acknowledges that such customization may cause Customer’s use of Meeting Guard to fail to satisfy applicable recording, privacy, wiretapping, employment, communications, artificial-intelligence transparency or other legal requirements. As between the parties, and to the fullest extent permitted by applicable law, Customer assumes sole responsibility and liability for its configuration of participant notifications and for any failure to provide legally sufficient notice or obtain legally required consent.
No Compliance Guarantee. Polygraf provides participant-notification functionality as a technical feature and compliance aid. Polygraf does not determine the laws applicable to any meeting and does not represent or warrant that Polygraf’s default announcement or any Customer-configured announcement, by itself, satisfies the legal requirements applicable to a particular meeting, participant, jurisdiction or use case. A participant’s silence, failure to object or continued participation following an announcement will not be treated as legally sufficient consent where applicable law requires affirmative or express consent.
Participant Objections. Customer is responsible for establishing and administering appropriate procedures for responding to participant objections or requests not to be recorded, transcribed or analyzed, including where appropriate declining to deploy Meeting Guard, removing Meeting Guard from the meeting, stopping recording or analysis, or otherwise addressing the participant’s request. Meeting Guard may not provide each participant with a direct Polygraf-operated opt-out, pause, mute or deletion control.
No Concealment. Customer will not configure Meeting Guard’s name, appearance, notifications or meeting-platform settings for the purpose of concealing that Meeting Guard is an automated recording, transcription or analysis service or for circumventing a meeting platform’s recording, notice or consent controls.
Customer may authorize Meeting Guard to connect with calendars, Zoom, Microsoft Teams, Google Meet or other third-party services (“Third-Party Services”). By enabling an integration, Customer authorizes Polygraf to access the information reasonably necessary to provide that integration.
Customer is responsible for the scope of any calendar or meeting-platform connection it enables and for ensuring that Meeting Guard is scheduled to join only meetings for which Customer has authority and an appropriate lawful basis. Automatic calendar-based deployment does not relieve Customer of its obligations under Section 4.
Third-Party Services are governed by the applicable third party’s own terms, privacy practices, permissions and technical controls. Polygraf does not control and is not responsible for the independent acts, omissions, availability, policies or processing activities of a Third-Party Service.
Any recording notice or consent mechanism provided by Zoom, Microsoft, Google or another Third-Party Service is separate from Polygraf’s Meeting Guard notification functionality. Customer remains responsible for determining whether one or both mechanisms, or additional notice or consent, are required.
Meeting Guard uses automated systems to generate transcripts, meeting notes, summaries, speaker attribution, highlights and other Meeting Outputs. Automated transcription and summarization may contain errors, omissions, incorrect speaker attribution, incomplete context, inaccurate quotations or other inaccuracies.
Meeting Outputs are not certified transcripts, official records, legal advice, employment advice or findings of fact unless independently reviewed and adopted by Customer for a lawful purpose. Customer must independently review material Meeting Outputs before relying upon them for legal, compliance, security, employment, disciplinary, financial, evidentiary or other material purposes.
Customer controls and is responsible for the persons with whom Customer shares, exports, publishes or otherwise makes Meeting Data or Meeting Outputs available. Customer is responsible for ensuring that recipients are authorized to receive such information and that such disclosure does not violate confidentiality, privacy, contractual, employment, evidentiary, intellectual-property, professional-secrecy or other obligations.
Meeting Guard may capture confidential, proprietary, privileged, sensitive, copyrighted or third-party information spoken or presented during a meeting. Customer is solely responsible for determining whether it is permitted to record, retain, use, disclose or distribute that information.
Use of Meeting Guard does not by itself create, preserve, establish or waive attorney-client privilege, work-product protection, professional secrecy or any other legal privilege, and Customer is responsible for obtaining legal advice regarding such matters.
Scores, classifications, alerts and other Meeting Outputs concerning AI-assisted speech, synthetic or manipulated audio, sensitive information, authenticity or similar characteristics are probabilistic indicators and not determinations of fact. False positives and false negatives may occur.
Accuracy may be affected by factors including audio quality, connectivity, background noise, overlapping speech, language, accent, speech characteristics, assistive technologies, compression, recording quality, meeting-platform behavior, configuration, model version and other technical or contextual factors.
Meeting Guard does not determine a person’s identity, honesty, credibility, intent, capability, employment suitability, legal responsibility or guilt.
Customer will implement meaningful human review appropriate to its intended use. Customer will not use a Meeting Output as the sole or determinative basis for rejecting, terminating, disciplining, disqualifying, denying access to or otherwise materially adversely affecting a person where applicable law requires human review or prohibits solely automated decision-making.
Where Meeting Guard is used in recruitment, employment, security, investigations, legal proceedings or another regulated context, Customer is responsible for determining whether its intended deployment is subject to additional artificial-intelligence, employment, discrimination, surveillance, biometric, privacy or automated-decision requirements.
Customer will not use Meeting Guard unlawfully to infer or make decisions concerning protected characteristics, medical conditions, disabilities, religious or political beliefs, sexual orientation or other legally protected or highly sensitive characteristics.
Unless expressly made available as a separate Polygraf feature subject to separate terms, Meeting Guard is not designed to perform emotion recognition, psychological profiling or biometric identity matching.
Customer will not use Meeting Guard for unlawful covert surveillance, to circumvent platform recording or consent controls, to violate the rights of any meeting participant or third party, or in any other manner prohibited by the Terms of Use.
Where Polygraf processes Personal Data on Customer’s behalf, the applicable DPA governs that processing.
Depending on the agreed deployment, Meeting Guard may operate within Polygraf-controlled, Customer-controlled, dedicated, single-tenant, cloud, private-cloud, on-premises or other infrastructure. The applicable Customer Agreement, Order Form or DPA will govern the agreed deployment and processing locations.
Where agreed, third-party infrastructure providers, including Microsoft Azure or Google Cloud Platform, may provide hosting infrastructure and may constitute Sub-processors under applicable data protection law. Any additional Sub-processors authorized under an applicable DPA or Polygraf’s then-current applicable Sub-processor list are incorporated by reference for the processing activities described therein.
Polygraf will impose on Sub-processors that process Customer Personal Data the contractual safeguards required by the applicable DPA. Polygraf’s use of a Sub-processor does not relieve Polygraf of obligations allocated to Polygraf under the applicable DPA.
A meeting platform, calendar provider or other third-party service independently selected and controlled by Customer is not automatically a Polygraf Sub-processor merely because Customer elects to integrate that service with Meeting Guard. Such Third-Party Services remain subject to Section 5.
Customer is responsible for selecting appropriate retention, deletion, access-control, sharing and administrative settings made available by Meeting Guard. Specific retention and deletion functionality may vary by deployment and will be governed by the applicable Customer Agreement and DPA.
Customer is responsible for exporting or preserving Meeting Data or Meeting Outputs that Customer is legally required to retain before deleting the applicable meeting or terminating the Service.
Deletion from active systems and deletion from backups may occur on different schedules as described in the applicable DPA or Customer Agreement.
Customer represents and warrants that throughout its use of Meeting Guard:
Without limiting the disclaimers and limitations contained in the Terms of Use, Polygraf does not warrant that Meeting Guard will identify every instance of synthetic audio, AI-assisted speech, sensitive information or other detectable event, or that Meeting Guard will not generate false positives or false negatives.
Polygraf does not warrant the accuracy, completeness or legal sufficiency of any transcript, note, summary, speaker attribution, score, classification, alert or other Meeting Output.
Polygraf does not warrant that Customer’s configuration or use of Meeting Guard satisfies any particular recording, consent, privacy, employment, surveillance, biometric, artificial-intelligence or other legal requirement. Customer is responsible for determining whether, where and how Meeting Guard may lawfully be used.
Without limiting Customer’s indemnification obligations under the Terms of Use, to the fullest extent permitted by applicable law, Customer’s indemnification obligations expressly include third-party claims, regulatory proceedings, liabilities, damages, penalties, costs and reasonable attorneys’ fees arising from or relating to:
Customer’s violation of the rights of a meeting participant or other third party.
Nothing in this Section eliminates liability that applicable law does not permit a party to disclaim, limit, allocate or indemnify by contract.
Application of General Arbitration Terms. Except as expressly supplemented by this Section 14, Section 12 of Polygraf’s Terms of Use applies to all disputes arising out of or relating to Meeting Guard, this Addendum, Meeting Data, Meeting Outputs or Customer’s use of the Meeting Guard Service.
Settlement Offers and Minimum Recovery. During arbitration, the amount of any settlement offer made by either party will not be disclosed to the arbitrator until after the arbitrator issues a final decision and award. If the arbitrator awards Customer an amount greater than Polygraf’s last written settlement offer made before issuance of the award, Polygraf will pay Customer the greater of: (a) the amount awarded by the arbitrator; or (b) Ten Thousand U.S. Dollars (US $10,000). For purposes of determining whether this provision applies, attorneys’ fees, arbitration costs, interest and other amounts awarded separately from substantive monetary relief will not be included unless required by applicable law.
Arbitration Filing Fees. If Customer commences an arbitration in accordance with the Agreements, Polygraf will reimburse Customer for Customer’s arbitration filing fee unless the amount of Customer’s claim exceeds Ten Thousand U.S. Dollars (US $10,000). If the amount claimed exceeds US $10,000, responsibility for arbitration fees and costs will be determined under the applicable arbitration rules and applicable law. If the arbitrator determines that a claim or the relief sought was frivolous, asserted in bad faith or brought for an improper purpose under standards comparable to Federal Rule of Civil Procedure 11(b), allocation and reimbursement of arbitration fees may be determined by the arbitrator in accordance with the applicable arbitration rules.
Claims of US $10,000 or Less. If the total amount of Customer’s claim, excluding attorneys’ fees and costs, is US $10,000 or less, Customer may elect, subject to the applicable arbitration rules, to have the arbitration conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a remote or non-appearance hearing conducted by telephone or videoconference; or (c) through an in-person hearing conducted in accordance with the applicable arbitration rules. Unless the parties agree otherwise or applicable law requires another location, any required in-person arbitration will occur in the State of Delaware as provided in Section 12 of Polygraf’s Terms of Use.
Reasoned Award. The arbitrator will issue a reasoned written decision sufficient to explain the material findings and conclusions on which the award is based. The arbitrator may award any individual remedy that would otherwise be available in a court of competent jurisdiction, subject to the limitations and exclusions of liability contained in the Agreements and to the extent permitted by applicable law.
Individual Proceedings Only. Customer and Polygraf agree that each party may bring claims against the other only in its individual capacity and not as a plaintiff, class member, private attorney general or representative in any purported class, collective, consolidated or representative proceeding. Unless both parties expressly agree in writing, the arbitrator may not consolidate the claims of more than one person or entity or preside over any class, collective, consolidated or representative proceeding.
Small Claims and Injunctive Relief. Nothing in this Section prevents either party from: (a) bringing an individual action properly within the jurisdiction of a small claims court; (b) seeking temporary or preliminary injunctive relief necessary to preserve the status quo pending arbitration; or (c) seeking judicial relief concerning infringement or misappropriation of intellectual property rights as otherwise permitted by the Terms of Use.
For avoidance of doubt, any statement in the general Polygraf Terms of Use concerning Polygraf obtaining consent for Polygraf’s own recording or monitoring of communications with users does not mean that Polygraf obtains consent from meeting participants on Customer’s behalf. Participant notice and consent relating to meetings initiated, scheduled or recorded at Customer’s direction are governed by this Meeting Guard Addendum and any applicable Customer Agreement or DPA and remain Customer’s responsibility.
Polygraf may change, suspend or discontinue aspects of Meeting Guard, and may revise these Service-Specific Terms, in accordance with the change provisions of the Terms of Use and any applicable Customer Agreement. Continued use of Meeting Guard after an effective revision constitutes acceptance to the extent provided by the Agreements and applicable law.
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