Caper records and transcribes your meetings and uses AI to generate notes, summaries, and live
guidance. These Terms are the agreement between you and The Little Byte LLC for using Caper. A few
points matter more than the rest: you are responsible for getting consent to record the
people in your meetings; Caper's AI can be wrong, so verify it before you rely on
it; Caper is early “alpha” software provided as is; and most disputes are
resolved by individual arbitration. The full terms are below.
Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and The Little Byte LLC, a
Texas limited liability company based in Austin, Texas (“The Little Byte,” “we,” “us,” or “our”),
governing your access to and use of the Caper application, website, and related services
(together, “Caper” or the “Service”).
By creating an account, accessing, or using Caper, you agree to these Terms and to our
Privacy Policy. If you do not agree, do not use Caper. If you use Caper on
behalf of an organization, you represent that you have authority to bind that organization to
these Terms, and “you” refers to both you and that organization.
Who may use Caper
You must be at least 18 years old and able to form a binding contract to use Caper. You may not
use Caper if you are barred from doing so under the laws of the United States or any other
applicable jurisdiction, or if you are subject to applicable trade sanctions. By using Caper, you
represent that you meet these requirements.
What Caper does
Caper is a meeting assistant. When you choose to record a meeting, Caper captures audio (which may
include your microphone and the audio of the meeting or other participants), transcribes that
audio, and uses automated speech recognition and large language models to generate transcripts,
notes, summaries, and live guidance. With your authorization, Caper also connects to your Google
account to sign you in and to read your Google Calendar so it can show your meetings and attach
your notes to them.
Caper is under active development. We may add, change, or remove features at any time, as
described in these Terms.
Your account
You sign in to Caper using Google authentication (OAuth). You agree to provide accurate
information, to keep your account credentials and devices secure, and to be responsible for all
activity that occurs under your account. Notify us promptly at
willie@thelittlebyte.com if you suspect any
unauthorized use of your account.
Caper is currently offered as an invite-only alpha. Access is granted at our discretion and may be
limited, suspended, or revoked.
Your responsibilities when recording
Important. You decide when to record, and you control the meetings and
conversations you capture with Caper. As between you and us, you are the party
responsible for those recordings.
Laws about recording conversations vary by jurisdiction. Some U.S. states and other jurisdictions
require the consent of every participant before a conversation may be recorded,
and some impose notice requirements or other conditions. You are solely responsible for knowing
and complying with all laws that apply to your recordings, including wiretap, eavesdropping,
“one-party” and “all-party” consent, biometric, and data-protection laws.
You represent and warrant that, before recording any meeting with Caper, you have obtained all
consents and provided all notices required by applicable law from and to every participant. You
agree not to use Caper to record any conversation where doing so would be unlawful or where you
have not obtained the required consent.
Caper may offer features intended to help you record responsibly (for example, notifying
participants that a meeting is being recorded). These features are provided for convenience only,
do not replace your obligations, and we do not warrant that they satisfy the requirements of any
particular law. Your obligations in this section are backed by the indemnity in
Section 15.
Acceptable use
You agree not to, and not to allow anyone else to:
- use Caper in any way that violates applicable law or infringes anyone's rights, including recording without required consent;
- use Caper to harass, surveil, defraud, or harm others, or to capture conversations you have no right to capture;
- upload or transmit malware, or interfere with, overload, or disrupt the Service or its infrastructure;
- access the Service through unauthorized means, circumvent access or usage limits, or probe or test the vulnerability of any system without our permission;
- copy, modify, reverse engineer, decompile, or attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by law;
- resell, sublicense, rent, or commercially exploit the Service without our prior written consent; or
- remove or obscure any proprietary notices, or misrepresent your affiliation with us.
We may investigate and suspend or terminate access for conduct we reasonably believe violates these Terms or harms the Service, other users, or third parties.
Your content and ownership
“User Content” means the recordings, transcripts, notes, summaries, and other content you capture,
create, upload, or edit using Caper. As between you and us, you own your User
Content.
You grant The Little Byte LLC a worldwide, non-exclusive, royalty-free license to host, store,
process, transmit, display, and create derived outputs from your User Content — including
transcribing audio and generating notes, summaries, and guidance — and to share it with the
service providers and sub-processors described in our Privacy Policy, in
each case solely to operate, provide, secure, support, and improve Caper. This license ends when
your User Content is deleted, except for copies retained as described in the Privacy Policy or
required by law, and except to the extent it has been shared or aggregated in a de-identified
form.
You represent that you have all rights necessary to grant this license and that your User Content
and your use of Caper do not violate these Terms or any law. If you send us feedback or
suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without
restriction or obligation to you.
AI features and no professional advice
Caper uses automated speech recognition and large language models. Transcripts, notes, summaries,
and guidance are generated by AI and may be inaccurate, incomplete, out of date, or
misleading. They are provided for informational purposes only and do not constitute
legal, financial, medical, employment, or other professional advice.
You are responsible for reviewing and independently verifying any output before relying on it or
acting on it. Do not use Caper's output as the sole basis for any decision that requires
professional judgment or that could have legal or material consequences.
Third-party services
Caper relies on third-party services to function — including Google for sign-in and calendar, and
providers for audio capture, transcription, AI inference, database, hosting, and analytics (see
our Privacy Policy for the current list). Your use of any third-party
integration may also be subject to that third party's terms and policies. We are not responsible
for third-party services or for their acts, omissions, availability, or content. In particular,
your use of Google features is subject to Google's terms, and we handle data received from Google
APIs in accordance with our Privacy Policy and the Google API Services User Data Policy, including
its Limited Use requirements.
Privacy
Our Privacy Policy explains how we collect, use, share, and protect personal
information in connection with Caper. It is incorporated into these Terms by reference. By using
Caper, you acknowledge the practices described in the Privacy Policy.
Alpha release, changes, and fees
Pre-release software. Caper is currently provided as a pre-release alpha.
Features may change, break, or be discontinued; the Service may be unavailable; and User Content
may be lost. Do not use Caper for recordings you cannot afford to lose or as the system of record
for anything important.
Caper is currently provided free of charge during the alpha. We may introduce paid plans or change
the Service in the future; if we do, we will give notice and you may choose whether to continue.
We may modify, suspend, or discontinue all or part of the Service at any time.
Term and termination
These Terms apply while you use Caper. You may stop using Caper and delete your account at any
time, including by contacting us. We may suspend or terminate your access at any time, with or
without cause or notice, including if we reasonably believe you have violated these Terms or that
your use creates risk or legal exposure for us or others, or if we discontinue the Service.
On termination, your right to use Caper stops. We may delete your User Content following
termination as described in our Privacy Policy, and you may request
deletion of your account and associated data by emailing
willie@thelittlebyte.com. Provisions that by their
nature should survive termination — including ownership, disclaimers, limitation of liability,
indemnification, dispute resolution, and governing law — will survive.
Disclaimers
Caper is provided “as is” and “as available,” without warranties of any kind, whether express,
implied, or statutory. To the fullest extent permitted by law, The Little Byte LLC disclaims all
warranties, including the implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that Caper will be uninterrupted, secure, error-free, or that any transcript,
note, summary, or other AI output will be accurate or complete, or that recordings or content will
be retained or recoverable. Caper is pre-release alpha software. Some jurisdictions do not allow
certain warranty exclusions, so some of the above may not apply to you.
Limitation of liability
To the fullest extent permitted by law, The Little Byte LLC and its members, officers, employees,
and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or
punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses,
arising out of or relating to your use of (or inability to use) Caper, even if we have been
advised of the possibility of such damages.
Our total aggregate liability for all claims arising out of or relating to Caper or these Terms
will not exceed the greater of (a) the amount you paid us for the Service in the twelve months
before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain
limitations, so some of the above may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless The Little Byte LLC and its members, officers,
employees, and agents from and against any claims, demands, liabilities, damages, losses, and
costs (including reasonable attorneys' fees) arising out of or related to: (a) your User Content;
(b) your recording of any meeting or conversation using Caper; (c) your failure to obtain any
consent or provide any notice required by law; (d) your violation of these Terms or any applicable
law; or (e) your violation of the rights of any third party. We may assume the exclusive defense
and control of any matter subject to indemnification by you, in which case you agree to cooperate
with us.
Disputes, arbitration, and class-action waiver
Please read this section carefully — it affects your legal rights. It
requires most disputes to be resolved by individual arbitration rather than in court, and waives
your right to a jury trial and to participate in a class action.
Informal resolution first
Before starting an arbitration, you agree to first contact us at
willie@thelittlebyte.com and give us 30 days to try
to resolve the dispute informally.
Binding arbitration
Except for the matters described below, any dispute, claim, or controversy arising out of or
relating to Caper or these Terms will be resolved by binding individual
arbitration administered by the American Arbitration Association (AAA) under its Consumer
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this
section. The arbitration will be held in Travis County, Texas, or, at your election, in the county
where you reside or by video or telephone where the rules allow. The arbitrator may award the same
damages and relief that a court could, on an individual basis.
Exceptions
Either party may (a) bring an individual claim in small-claims court if it qualifies, or (b) seek
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement or misuse of intellectual property or confidential information.
Class-action and jury-trial waiver
You and The Little Byte LLC agree that each may bring claims against the other only in an
individual capacity, and not as a plaintiff or class member in any purported class, collective, or
representative proceeding. The arbitrator may not consolidate more than one person's claims or
preside over any form of representative or class proceeding. You and The Little Byte LLC waive any
right to a jury trial.
Your right to opt out
You may opt out of this arbitration agreement by emailing
willie@thelittlebyte.com within 30 days of first
accepting these Terms and stating your name and that you opt out of arbitration. Opting out will
not affect any other part of these Terms. If the class-action waiver is found unenforceable as to a
particular claim, that claim (and only that claim) will proceed in court; the rest of this section
remains in effect and is severable.
Governing law and venue
These Terms and any dispute arising out of or relating to them or to Caper are governed by the laws
of the State of Texas, without regard to its conflict-of-laws rules. For any dispute that is not
subject to arbitration, you and The Little Byte LLC agree to the exclusive jurisdiction of, and
venue in, the state and federal courts located in Travis County, Texas, and you consent to
personal jurisdiction there.
Changes to these Terms
We may update these Terms from time to time. If we do, we will post the updated Terms with a new
“Last updated” date and, for material changes, provide reasonable notice (for example, by email or
in-app notice). Changes take effect when posted unless stated otherwise. Your continued use of
Caper after the changes take effect means you accept the updated Terms.
Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement
between you and us regarding Caper and supersede any prior agreements. If any provision is found
unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is
not a waiver of it. You may not assign these Terms without our prior written consent; we may assign
them to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.
Nothing in these Terms creates any agency, partnership, or joint venture between us. We will not be
liable for any delay or failure to perform caused by events beyond our reasonable control. Section
headings are for convenience only.