One agreement, covering every subscription level.

Effective 02OCT2026 · Last updated 02OCT2026

1. What this agreement covers

This is an agreement between the organization that subscribes (the “Customer,” “you”) and Agency Minder, LLC, a Texas limited liability company (“the Company,” “we,” “us”), covering your use of the Agency Minder service (the “Service”). You accept it by checking the acceptance box at sign-up, by signing an order form that refers to it, or by using the Service. If you accept on behalf of an organization, you confirm that you have authority to bind it.

The Service is sold at four levels: Project, Departmental, Enterprise, and Enterprise+. A few provisions below differ between levels. Where a provision is marked for a level, it applies only to that level; everything else applies to all.

An “Order Form” is an online order or signed ordering document that states your level, term, and fees. Capitalized terms not defined here — Admin, Delegated Admin, Admins, and Participant — have the meanings given in the Privacy Policy.

2. What the Service does

Agency Minder measures how well meetings between a Customer and its agencies and vendors perform. When a meeting’s host invites and admits the Agency Minder notetaker, the meeting is transcribed. An artificial-intelligence model reads the transcript, and our proprietary scoring method is applied to produce AI scores. Participants are separately asked for human ratings. Both sets of results are kept separate and presented side by side on the Admin summary pages.

The Service produces measurements. It does not make decisions.

3. Who may use it

The Service is for business use by organizations in the United States and Canada. Each person who uses it on your behalf must be at least 18.

Your Admin controls your account and may authorize Delegated Admins. Admins have access to everything in your account, including individual ratings and who gave them, as described in the Privacy Policy. You are responsible for whom your Admin authorizes, and for what Admins do in the Service.

Participants who are not Admins do not hold accounts, see no results, and are not parties to this agreement.

4. Your responsibilities

Notice and consent for every meeting

Recording and transcribing a conversation is regulated, and in many places it requires the consent of everyone in it. The host admitting the notetaker is not, by itself, consent from the other Participants. Before each meeting the notetaker attends, you will:

• tell every Participant — including people at your agencies and vendors and any other outside party — that the meeting will be transcribed and analyzed by Agency Minder using artificial intelligence, and that Participants may be rated;
• obtain every consent the law requires, including the consent of all Participants wherever the law of any Participant’s location requires it; and
• remove the notetaker, or not use it, where a required consent is refused.

We make this easier: the notetaker is always visible under an agencyminder.com name, and our Privacy Policy explains to Participants what happens. Those aids do not replace your obligation.

Decisions are yours

Scores and ratings inform your judgment about an agency relationship. Every decision you make with them is yours, and you remain solely responsible for it. You will not use results as the sole basis for an employment decision about any individual. You will not use the Service or its results as a consumer report, or to determine anyone’s eligibility for employment, credit, insurance, or housing. You are responsible for complying with the laws that apply to how you use results, including laws on workplace monitoring and automated decision tools.

Keeping individual ratings inside your organization

You may share meeting-level and contract-level results with the agency or vendor they concern. You will not disclose an identified individual’s ratings, or who gave a rating, to anyone outside your organization.

Other responsibilities

• Meeting content: do not use the Service for meetings where sensitive personal information — such as health information, government identification numbers, or financial account details — or legally privileged matters are expected to be discussed.
• Accuracy: you are responsible for the contracts, meetings, and Participant details your Admins enter.
• Account security: keep credentials confidential and do not share sign-ins between people. Tell us promptly at admin@agencyminder.com if you suspect unauthorized access.
• Appropriate use: do not use ratings, or knowledge of who gave them, to harass or retaliate against anyone; do not attempt to access another customer’s data; do not probe, scrape, reverse-engineer, or disrupt the Service; do not use it to build a competing product; do not resell or sublicense it; and do not use it in violation of any law.

5. Fees, payment, and renewal

Fees for your level are stated in your Order Form or on our pricing page at the time of purchase. Prices are in U.S. dollars and exclude applicable taxes, which you are responsible for, other than taxes on our income. Card payments are processed by Stripe; we do not receive or store your card number.

Automatic renewal. Your subscription renews for successive terms of the same length — monthly or annual — at the then-current price, and you authorize us to charge your payment method on each renewal date, unless you cancel before that date. For annual subscriptions we will send a reminder at least 30 days before renewal. You can cancel at any time in your account settings or by writing to admin@agencyminder.com. Cancellation takes effect at the end of the current term, and you keep access until then.

We may change prices for future terms. We will give you at least 30 days’ notice, and a change never affects a term you have already paid for. If a payment is overdue, we may suspend access after 15 days’ written notice; suspension does not cancel the amount owed.

If we offer you a trial, it ends when the trial period ends unless you purchase a subscription. Trials and features labeled beta or preview are provided “as is,” without the warranty in Section 11 or the indemnity in Section 13.

Your purchase does not depend on the delivery of any future feature, or on anything we have said about future features.

Enterprise and Enterprise+: Payment may be made by invoice on the terms in your signed Order Form.

6. Refunds

If the Service does not work as described and we cannot resolve the problem within 30 days of your written notice, you may terminate and we will refund the prepaid fees for the unused part of your term. Otherwise, fees are non-refundable, except as stated in Sections 13 and 14.

7. Your data, and ours

You own your data. “Customer Data” means the transcripts of your meetings, the meeting and Participant details your Admins enter, and the human ratings given in your account. We claim no ownership of it. You grant us the right to host, process, and display it only to provide, secure, and support the Service, to validate our scoring method, and to create the de-identified benchmark data described below — in every case subject to the limits in our Privacy Policy, which are binding terms of this agreement.

You may use your results. The scores and summaries the Service generates for your account are yours to use for your internal business purposes, during your subscription and afterward.

We own the Service — the software, interface, scoring method, scoring criteria and their weights, documentation, and brand. This agreement grants you the right to use the Service, not any ownership of it. The scoring criteria and weights are our confidential information and are not disclosed.

De-identified benchmark data. We may create and keep benchmark data from scores and meeting characteristics. It contains no personal names, no company or agency names, and no transcript text. We own it, we publish it only in aggregate and never in a form that identifies you, your agencies, or any person, and we may keep it after your subscription ends.

No model training. We never use Customer Data or your results to train artificial-intelligence or machine-learning models, and we do not permit our service providers to do so.

Records are fixed. No one can edit or delete a rating in the Service. Your Admin can archive and reopen projects. Deletion of a whole project or account is carried out by us, on the schedule and on the written request described in the Privacy Policy.

Feedback. If you send us suggestions about the Service, we may use them without restriction or obligation, and we will not identify you as their source.

8. Confidentiality

Each party will protect the other’s confidential information with the same care it uses for its own, and no less than reasonable care; will use it only to perform this agreement; and will share it only with employees, contractors, and advisors who need it and are bound to protect it. Your confidential information includes Customer Data and your results. Ours includes the scoring method, criteria, and weights, and any non-public pricing.

Information is not confidential if it is or becomes public through no fault of the recipient, was already known to the recipient, was independently developed, or was lawfully received from someone else without a duty of confidentiality. A party required by law to disclose confidential information may do so after giving the other party notice, where the law allows, and will disclose only what is required.

9. Security and incidents

We maintain administrative, technical, and organizational safeguards designed to protect Customer Data, as described in the Privacy Policy. If we confirm a breach affecting your Customer Data, we will notify your Admin within 72 hours of confirming it and give you what you need to meet your own notification obligations.

Enterprise and Enterprise+: A data processing agreement is available. Where one is signed and it conflicts with this agreement, the signed agreement controls.

10. Availability

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted access. Maintenance, provider outages, and faults happen. The Service also depends on meeting platforms and a notetaker provider we do not control: if the notetaker is not invited, is not admitted, or cannot join, that meeting cannot be transcribed or scored.

11. Warranties and disclaimers

We warrant that, during your subscription, the Service will perform materially as described in our documentation. You warrant that you have given the notices and obtained the consents required by Section 4, and that you have the right to provide Customer Data to us for processing under this agreement.

Otherwise, the Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Specifically: AI scores are generated by software and can be wrong. Transcripts can mis-hear or mis-attribute what was said. Human ratings measure perception, not objective fact. We do not warrant that any result is an accurate assessment of any person’s or agency’s performance, and we make no representation that your use of the Service satisfies any law, contract, or policy that applies to you. You are responsible for evaluating whether the Service is appropriate for your context.

12. Limitation of liability

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or reputational harm, arising from this agreement or the Service.

Our total liability for all claims arising from this agreement or the Service will not exceed the fees you paid us in the twelve months before the first event giving rise to the claim. This limit includes our obligations under Section 13.

Enterprise and Enterprise+: For claims arising from our breach of the security or data-protection commitments in Section 9 or the Privacy Policy, the limit is two times the fees you paid us in those twelve months.

Project and Departmental: The twelve-month limit above applies to all claims, including security and data-protection claims.

These limits do not apply to your obligation to pay fees or to your obligations under Section 13. Some jurisdictions do not allow certain limitations; where that is so, these limits apply only to the extent permitted.

13. Indemnification

By you. You will defend us against third-party claims, and pay the resulting damages and reasonable legal costs, arising from: a meeting transcribed or analyzed without a notice or consent required by Section 4; Customer Data, or your use of the Service, in breach of this agreement; or a decision you make using results.

By us. We will defend you against third-party claims that your authorized use of the Service infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and pay the resulting damages and reasonable legal costs, up to the limit in Section 12. This does not apply to claims arising from Customer Data, from use of the Service in breach of this agreement, or from its combination with anything we did not supply. If such a claim arises or seems likely, we may obtain the right for you to continue, replace or modify the Service so it no longer infringes, or end your subscription and refund the prepaid fees for the unused part of your term. This paragraph states our entire responsibility for infringement claims.

Process. The party seeking defense must give prompt notice, allow the other party to control the defense, and cooperate reasonably. A settlement that requires the indemnified party to admit fault or pay money needs its written consent.

14. Term, suspension, and termination

This agreement runs from your acceptance until your subscription ends. Either party may terminate if the other materially breaches this agreement and does not cure the breach within 30 days of written notice, or if the other ceases business or becomes insolvent.

We may suspend access immediately if your use threatens the security or integrity of the Service or the privacy of Participants — including use of the notetaker without the notices and consents required by Section 4 — or if we are required to by law. Where circumstances allow, we will give notice and an opportunity to fix the problem first.

When your subscription ends, access ends. We permanently destroy your Customer Data and results 30 days after that date, as described in the Privacy Policy, or sooner if your Admin asks us in writing. Keep copies of anything you need before then. Billing records, business contact records, and de-identified benchmark data are kept as the Privacy Policy describes. If you terminate for our uncured breach, or we terminate without cause, we will refund the prepaid fees for the unused part of your term.

Sections 4 (as to results already obtained), 7, 8, 11, 12, 13, 15, and 17 survive termination, as does any obligation to pay fees already due.

15. Governing law and disputes

This agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing suit, the parties will try in good faith for 30 days to resolve a dispute by direct discussion. Disputes will be brought in the state or federal courts located in Bexar County, Texas, and both parties consent to that jurisdiction. Either party may seek an injunction at any time to protect its confidential information or intellectual property.

Enterprise and Enterprise+: A different governing law or venue applies only if it is stated in an Order Form signed by both parties before purchase. Absent that, the Texas law and venue above apply.

16. Changes to this agreement

We may update this agreement. If a change materially affects your rights or obligations, we will notify your Admin by email at least 30 days before it takes effect. Continued use after that date constitutes acceptance. If you do not accept a change, you may terminate before it takes effect and receive a refund of the prepaid fees for the unused part of your term.

Revision history

• 02OCT2026 — Replaced the June 22, 2020 agreement in full. Added the notice-and-consent duties for transcribed meetings, the description of AI scoring and its limits, data ownership and the de-identified benchmark terms, the 72-hour incident notice, and level-specific liability limits. Replaced arbitration in Austin with the courts of Bexar County, Texas.
• June 22, 2020 — Prior version.

17. Miscellaneous

This agreement, together with the Privacy Policy, your Order Form, and any signed data processing agreement, is the entire agreement between us regarding the Service. If they conflict, a signed data processing agreement controls on data protection, a signed Order Form controls on fees, term, and anything it expressly changes, and this agreement controls otherwise. Terms on your purchase order or in your vendor portal do not apply.

If any provision is unenforceable, the rest remain in force. A failure to enforce a provision is not a waiver of it. Neither party may assign this agreement without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all of its assets. The parties are independent contractors. There are no third-party beneficiaries; Participants have no rights under this agreement. Neither party is liable for delay caused by events beyond its reasonable control. You will comply with United States export laws in using the Service.

We will not use your name or logo in our marketing without your written consent.

We may give notices by email to your Admin. Send notices to us at admin@agencyminder.com, with a copy to the address below.

18. Contact

Agency Minder, LLC — 2018 Three Forks, San Antonio, TX 78258 — admin@agencyminder.com