Terms of Service

Last updated: October 15, 2026.

1. About these terms

These terms are an agreement between Napkin AI, Inc., a Delaware corporation (“Napkin,” “we,” “us”), and the business that uses Napkin (“you”). They cover the website at trynapkin.com, the Napkin app at app.trynapkin.com, the Napkin iPhone app, Napkin beacons, and the service that turns audio from your beacons into transcripts, notes, alerts, and reports (together, “the service”).

You agree to these terms when you create an account, accept an invitation, or place an order. If you agree for a business, you confirm that you can bind that business. If your business has a separate signed agreement with Napkin, that agreement controls where it differs from these terms.

Napkin is for businesses. It is not for personal, family, or household use.

Our Privacy Policy explains how we handle personal information.

2. Your account

• You must be at least 18 and give us accurate information about you and your business.
• Keep your login secure. You are responsible for what happens under your account.
• You can invite people at your business to use your account. You decide what each person can see, and you are responsible for their use. Remove people who should no longer have access.
• Keep your billing and contact details current. We send account notices to the email on your account.

3. Beacons

• When you order beacons, you buy the beacon hardware. It is yours once it is delivered.
• The software on the beacon stays ours. You may use it only with the service. We may update it.
• You provide power and Wi-Fi at each store. The service only works while a beacon is powered and online.
• Returns. You may return a beacon in good condition within 30 days of delivery for a refund of what you paid for it. Contact us to start a return. If a beacon arrives damaged or does not work, tell us within those 30 days and we will replace it or refund it, and we pay the return shipping.

4. Service fees and payment

• Each beacon has its own monthly service subscription. Fees are as shown at checkout and in Billing.
• At checkout you pay for your beacons. You also authorize us to charge the same card for each beacon’s monthly service, starting the day that beacon goes live. Each beacon then has its own monthly bill date.
• Subscriptions renew every month until you turn them off.
• Payments are processed by Stripe. Card details are held by Stripe, not by Napkin.
• Fees do not include taxes. You pay any taxes that apply.
• If a payment fails or a beacon has no active subscription, that beacon is paused. We do not process its audio until it is paid for again.
• We may change our fees. We will email you at least 30 days before a change applies to a subscription you already have.

5. Turning beacons off and cancelling

• You can turn off any beacon’s subscription in Billing at any time. It keeps working until the end of the month you already paid for, then it is paused.
• You can turn it back on in Billing before that month ends.
• We do not give refunds or credits for part of a month.
• To close your account, contact us.

6. Your duties at your stores

A beacon captures audio near it, including conversations between your staff and your customers. You decide where beacons go and how you use what Napkin produces. You are responsible for using Napkin lawfully. You agree to:

• Follow every law that applies where you operate, including laws on notice and consent for capturing audio and laws that protect employees.
• Post a clear notice where customers can see it before they reach a beacon. The Napkin store notice, which links to trynapkin.com/in-store, is made for this.
• Tell your staff in writing what the beacon captures and why, and get any consent the law requires, before you turn a beacon on.
• Place beacons only at counters and other customer service areas. Never place one in a restroom, changing room, break room, office, or other private space.
• Keep beacons away from phone calls where the other person can be heard.
• Pause a beacon when a customer or a staff member asks.
• Not use Napkin to capture audio in secret, and not use it as the only basis for disciplining or firing anyone.

7. Your data

• “Your data” means the audio, transcripts, notes, alerts, and reports from your beacons, and anything you add to the service.
• You own your data. You let us use it to provide, secure, support, and improve the service for you, and as the law requires. We process it for you, as your service provider.
• We do not sell your data.
• You choose how long your data is kept in Settings, within limits Napkin sets. We delete it on that schedule.
• We may collect information about how the service and your beacons are working, such as status, errors, and usage counts, to run and improve the service.
• We use reasonable safeguards to protect your data. No system is perfectly secure.
• If you send us ideas or feedback, we may use them without owing you anything.

8. Acceptable use

You may not:

• Use the service to break the law or to violate anyone’s privacy.
• Copy, take apart, or reverse engineer the service or the beacon software, except where the law allows it.
• Resell the service, or give access to anyone outside your business.
• Try to get into accounts or data that are not yours, or disrupt or overload the service.
• Use the service to build a competing product.

9. The service

• Transcripts, notes, alerts, and reports are made automatically, with AI, and can contain mistakes. Check anything important before you rely on it.
• We may add, change, or remove features. Features marked as a preview or beta may change or go away.
• We work to keep the service running, but we do not promise that it will always be available. It may be down for maintenance.
• Napkin owns the service, the beacon software, and the Napkin name and logo. These terms give you the right to use the service as described here, and nothing more.

10. Suspension and ending

• You can stop using Napkin at any time.
• We may suspend or end your access if you do not pay, if you break these terms, or if we need to in order to protect the service, other people, or to follow the law. When it is reasonable, we will tell you first.
• If we stop offering the service, we will tell you at least 30 days ahead and refund fees you paid for time after it stops.
• When your account ends, we delete your data within 30 days, unless the law requires us to keep it.
• Sections 7 and 11 through 15 continue after your account ends.

11. Disclaimers

The service and the beacons are provided “as is” and “as available.” As far as the law allows, Napkin makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the service will be uninterrupted or error-free, or that it will capture or transcribe every conversation. The return terms in section 3 still apply.

12. Limit of liability

As far as the law allows, Napkin is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Napkin’s total liability for all claims about the service is limited to what you paid Napkin in the 12 months before the event that led to the claim.

13. Indemnity

You will defend Napkin against, and pay for, claims by others that come from how you use Napkin at your stores, including claims that audio was captured without the notice or consent the law requires, from your data, or from your breaking these terms.

14. Governing law and disputes

Utah law governs these terms, without regard to its conflict of law rules. Any dispute goes to the state or federal courts in Salt Lake County, Utah, and both of us agree to those courts. Before either of us files a claim, we will try for 30 days to resolve it by talking.

15. General

• These terms, your orders, and the Privacy Policy are the whole agreement between us about the service.
• You may not transfer these terms without our written permission. We may transfer them as part of a merger, acquisition, or sale of assets.
• If part of these terms cannot be enforced, the rest still applies. If we do not enforce a term right away, we can still enforce it later.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• If you use the Napkin iPhone app, Apple’s App Store terms also apply to the app. Apple is not responsible for the service.

16. Changes to these terms

We may update these terms. When we do, we change the date at the top of this page. For a change that matters, we will email the account owner or tell you in the app at least 30 days before it applies. If you keep using Napkin after a change applies, you accept it.

17. Contact

Napkin AI, Inc., Salt Lake City, Utah. Contact us. For privacy questions, email privacy@trynapkin.com.