Effective Date: October 12, 2024
Last Updated: June 16, 2026

These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," "User," or "Customer") and Whatsnew, LLC, a limited liability company organized under the laws of the State of Delaware, United States, operating as Xosum.AM ("Company," "we," "us," or "our"). These Terms govern your access to and use of the Xosum.AM websites, applications, APIs, the Telegram bot, and all related products, features, and services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. They include important provisions that limit our liability and require that most disputes be resolved through binding individual arbitration and on an individual basis rather than in court or as part of a class action (see Section 18). By accessing or using the Service, you agree to these Terms.

1. Agreement to Terms

By creating an account, accessing, or using the Service in any way — including through app.xosum.am, the Xosum.AM Telegram bot, or any API or integration we provide — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you," "your," and "Customer" refer to that entity.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract to use the Service. The Service is not directed to, and may not be used by, children. You may not use the Service if you are barred from doing so under applicable law or have been previously suspended or removed from the Service.

3. Accounts and Registration

To use most features, you must create an account. You agree to:

• provide accurate, current, and complete information and keep it up to date;
• maintain the confidentiality and security of your account credentials;
• be solely responsible for all activity that occurs under your account, including any activity through linked channels such as a connected Telegram account; and
• notify us promptly at support@xosum.am of any unauthorized use or suspected breach of security.

We are not liable for any loss or damage arising from your failure to safeguard your account. We may refuse, suspend, or cancel accounts in our reasonable discretion, including where required by law or to protect the Service or other users.

4. The Service

The Service provides cloud-based speech and language tools, which may include, without limitation: audio recording and upload; speech-to-text transcription; text-to-speech (TTS) generation; AI-assisted analysis such as summaries, titles, speaker separation (diarization), translation, and quality-assurance or checklist-based call evaluation; a Telegram bot; and configurable AI agents. Available features depend on your plan.

The Service relies on machine learning and third-party AI models. We may add, modify, suspend, or discontinue any feature or the Service as a whole at any time, with or without notice, provided that for paid plans we will use commercially reasonable efforts to avoid material degradation of paid features during a paid term.

5. Plans, Fees, and Billing

5.1 Plans

We offer Free, Pro, and Business plans, and we may offer one-time credit packs (for example, transcription minutes or TTS generations). Plan features, usage limits, and prices are described at the point of purchase and may change as described below.

5.2 Self-Serve Payments

Free and Pro plans and one-time credit packs are purchased online and processed by our payment processor, Stripe. By providing payment information, you authorize us and Stripe to charge the applicable fees, including recurring subscription fees, plus any applicable taxes. You represent that you are authorized to use the payment method provided.

5.3 Subscriptions and Auto-Renewal

Paid subscriptions renew automatically at the end of each billing period (monthly or yearly, as selected) at the then-current rate unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal. You can cancel auto-renewal at any time through your account settings.

5.4 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, value-added, withholding, and similar taxes, excluding taxes based on our net income.

5.5 Business Plan — Separately Negotiated Terms

The Business plan (and other enterprise or custom arrangements) is offered on terms that are negotiated separately between you and the Company. Pricing, usage volumes, payment schedule, service levels, support, and other commercial terms are set out in a separate written order form, quote, statement of work, or master services agreement signed or otherwise expressly agreed to by both parties (a "Business Agreement"). Payment for Business plans may be made by Stripe or by wire transfer, as specified in the applicable Business Agreement. In the event of any conflict between a Business Agreement and these Terms, the Business Agreement controls with respect to the subject matter it addresses; these Terms otherwise continue to apply.

5.6 Cancellation and Refunds

You may cancel a paid plan at any time. Upon cancellation, you will retain access to paid features through the end of the billing period for which you have already paid, and your plan will not renew thereafter. Except as expressly stated in these Terms or required by applicable law, fees already paid are non-refundable, and we do not provide refunds or credits for partially used periods, unused time, or unused credits. We may, in our sole discretion, grant refunds or credits on a case-by-case basis; doing so does not obligate us to do so in any other case. Nothing in this Section limits any non-waivable statutory rights you may have as a consumer in your jurisdiction.

5.7 Late or Failed Payment

If a charge fails or an invoice is overdue, we may suspend or downgrade your access until payment is resolved, without waiving any other rights.

6. Acceptable Use

You agree not to, and not to permit anyone else to:

• use the Service in violation of any applicable law or regulation;
• upload, record, transcribe, or process any audio or other content unless you have all rights, permissions, and consents necessary to do so — including, where required, the consent of all parties to a recorded conversation under applicable call-recording, wiretapping, two-party-consent, privacy, and data-protection laws. You are solely responsible for the lawfulness of any recording or content you submit;
• upload or distribute content that is unlawful, infringing, defamatory, fraudulent, harassing, hateful, or that contains malware;
• attempt to gain unauthorized access to the Service, other accounts, or our systems;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law;
• copy, resell, sublicense, rent, or otherwise commercially exploit the Service except as expressly permitted;
• scrape, crawl, or use automated means to access the Service except through our documented APIs within their limits;
• interfere with, disrupt, overload, or circumvent any security, rate-limiting, or usage limits of the Service; or
• use the Service to develop a competing product or to benchmark it without our prior written consent.

We may investigate and take appropriate action, including suspension or termination and disclosure to law enforcement, for any suspected violation.

7. User Content and Licenses

7.1 Ownership

As between you and the Company, you retain all ownership rights in the audio, text, files, prompts, and other content you submit to the Service ("User Content") and in the transcripts, summaries, and other outputs generated for you from your User Content ("Output").

7.2 License to Operate the Service

You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display your User Content and Output solely to the extent necessary to provide, maintain, secure, and support the Service for you, and to comply with law. This license ends when your User Content is deleted from the Service, except for residual copies in routine backups and as required by law.

7.3 Your Representations

You represent and warrant that: (a) you own or have all necessary rights, licenses, and consents to your User Content and to its processing through the Service; (b) your User Content and its use do not violate these Terms, any law, or any third party's rights; and (c) you have obtained any consents required to record, upload, and process the voices, personal data, and communications contained in your User Content.

8. AI Output and Accuracy Disclaimer

Transcripts, translations, summaries, titles, speaker labels, quality-assurance or checklist scores, and other Output are generated automatically by machine-learning systems and may be inaccurate, incomplete, or otherwise contain errors. Output is provided for your convenience on an "as is" basis and does not constitute professional, legal, medical, financial, or other advice. You are solely responsible for reviewing, verifying, and deciding how to use any Output, and you should not rely on it as the sole basis for any decision with legal or material consequences.

9. Intellectual Property

The Service, including all software, models, designs, text, graphics, user interfaces, and the "Xosum.AM" name and logos, and all related intellectual property rights, are and remain the exclusive property of the Company and its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during your subscription. No rights are granted except as expressly set out here. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

10. Third-Party Services

The Service integrates with and relies on third-party services, including, for example, our payment processor, the Telegram messaging platform (if you use the bot), and various hosting, infrastructure, analytics, and AI providers. Your use of those services may be subject to their own terms and policies. We do not control and are not responsible for third-party services, and we disclaim liability for their acts, omissions, availability, or content.

11. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). The receiving party will use the other's Confidential Information only to perform under these Terms and will protect it with at least reasonable care. This Section does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party, and does not prevent disclosure required by law (with notice where permitted). For Business customers, any confidentiality terms in a Business Agreement control to the extent they conflict.

12. Data Protection

Our collection and use of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference.

13. Service Availability

We strive to keep the Service available but provide it on an "as available" basis. We do not guarantee any specific uptime, availability, or performance for Free or self-serve Pro plans. Any committed service levels apply only if and as expressly set out in a Business Agreement. We may perform scheduled or emergency maintenance and may suspend the Service as needed to protect its integrity, security, or lawful operation.

14. Suspension and Termination

We may suspend or terminate your access to all or part of the Service, with or without notice, if: (a) you breach these Terms or an applicable Business Agreement; (b) your account is overdue on payment; (c) we reasonably believe your use poses a security, legal, or reputational risk; or (d) required by law. You may stop using the Service and close your account at any time.

Upon termination, your right to use the Service ceases immediately. We may delete your User Content and Output after termination in accordance with our data-retention practices; you are responsible for exporting any content you wish to keep beforehand. Sections that by their nature should survive termination — including Sections 5.6, 7, 8, 9, 11, 15, 16, 17, 18, and 20 — survive.

15. Disclaimer of Warranties

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You will defend, indemnify, and hold harmless the Company and its officers, members, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your recording, uploading, or processing of any audio or content without the rights or consents required under Section 6 or Section 7.3.

18. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution

Before filing a claim, you agree to first contact us at support@xosum.am and attempt to resolve the dispute informally. We will attempt in good faith to resolve it. If it is not resolved within sixty (60) days, either party may proceed to arbitration.

18.2 Binding Arbitration

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in the State of Delaware, or, if both parties agree, remotely. The arbitrator's award may be entered in any court of competent jurisdiction.

18.3 Class-Action Waiver

YOU AND THE COMPANY 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 class proceeding.

18.4 Exceptions and Opt-Out

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or Confidential Information. You may opt out of this arbitration agreement by sending written notice to support@xosum.am within thirty (30) days of first accepting these Terms; if you opt out, disputes will be resolved in court as described in Section 19.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 18, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app notice or by updating the "Last Updated" date above). Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

21. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, and any applicable Business Agreement constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements on the subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
• Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
• Notices. We may provide notices by email, in-app, or by posting on the Service. You may contact us at support@xosum.am.

Whatsnew, LLC (Delaware, USA), operating as Xosum.AM Contact: support@xosum.am