Terms of Service
These Terms are an agreement between you and Bonseki, Inc., a Delaware corporation ("Bonseki," "we," "us"), which operates Frothy (the "Service"). The Service includes the Frothy websites at tryfrothy.com and app.tryfrothy.com, the Frothy desktop app (the "App"), and any related features. You accept these Terms and our Privacy Policy by checking the box when you apply and again when you first sign in to the App. You also accept them by creating an account, installing the App, or recording.
The short version: you choose what to record, and you're responsible for it. We scrub personal details before recordings are sold, but you should still pause for anything private. You must have the right to record it and the consent of anyone else who is captured. We pay you for verified recording time at the rate shown before you start. In return, the recordings become ours. We may use them, and license or sell them to other companies, including to train and evaluate AI that learns to use computers.
1. Eligibility
To use the Service, you must:
- be at least 18 years old;
- live in the United States;
- have had your application approved by us;
- have only one account, and use it yourself; and
- be legally able to enter into this agreement and to be paid as an independent contractor.
We may approve or decline any application, and we may limit, pause, or close access at any time.
2. What the Service does
When you start a recording session in the App, it captures your computer activity until you pause or stop. Depending on the settings you choose, this can include:
- your screen (up to three displays), and text read from it on your device;
- your microphone, if you turn it on;
- your computer's audio (for example, the other side of a call or a video playing), if you turn it on; and
- activity details: which app and window are in front, browser page addresses, where you click and the on-screen label of what you click, scrolling, and the kind of key you press (for example "letter key" or "Cmd+Tab"). The App does not record which characters you type.
The App uploads recordings to our servers while you record. We may show you questions about what you were doing, and your answers become part of your contribution. The Privacy Policy explains this in more detail.
We scrub recordings before they're sold or used to train AI. The App captures your screen and audio as they are, and we then remove personal and sensitive information, such as names, faces, contact details, passwords, and account or payment numbers. Scrubbing can miss things, so pause or stop the recording before anything private or sensitive appears.
3. You are responsible for what you record
You decide when to record and what is on your screen and in your audio while you do. You are solely responsible for the content you record and submit (your "Contributions"). By submitting a Contribution, you promise that:
- You have the right to share it. Recording it and giving us the rights in Section 5 does not break any contract, workplace policy, confidentiality agreement, NDA, or law that applies to you. If you record work you do for an employer or a client, it's your responsibility to get any permission you need from them first.
- You have the consent of other people who are captured. See Section 4.
- It contains no prohibited content. You will not intentionally record:
- material that is classified, or that you are legally required to keep secret;
- anyone under 18;
- sexually explicit, illegal, or abusive material; or
- anything that infringes someone else's copyright, trademark, privacy, or other rights.
- It's real. It shows genuine activity performed by you, not staged, automated, scripted, or generated activity, unless we've asked for that.
Sensitive information is your responsibility. Take care with passwords and security codes, payment card and bank account numbers, government ID numbers, and other people's health, financial, or personal information. We scrub this kind of information before recordings are sold or used to train AI, but scrubbing can miss things, and you remain responsible for what you record. Pause the recording when it will be on screen.
If you realize you recorded something you shouldn't have, email us right away at contact@bonseki.com with the date and approximate time. We'll make reasonable efforts to delete it if we haven't already delivered it (see Section 10).
4. Recording laws and other people's consent
Recording laws differ from state to state. You are responsible for following the recording, privacy, and wiretapping laws that apply where you are, and where anyone you record is.
In particular:
- Get consent before you record anyone else. Many states, including California, Florida, Illinois, Pennsylvania, and Washington, require the consent of everyone on a phone call, video call, or in-person conversation before it is recorded. Before recording any call, meeting, or conversation, you must tell each other participant that it is being recorded and that the recording may be shared with third parties, and get their consent. If you can't get everyone's consent, turn off the microphone and computer audio, or pause the recording. The App reminds you of this when you turn on audio, but the responsibility is yours.
- Other people on your screen. Video calls, shared screens, chats, emails, CRMs, and documents can show other people's names, faces, and information. Only record these where you are allowed to share them.
- Your surroundings. If your microphone is on, don't record people nearby who haven't agreed to it.
- Your employer and clients. If you are recording on a work computer or while working for someone else, you are responsible for having their permission.
We do not check whether you obtained consent, and we rely on your promise that you did. If we learn that a Contribution was recorded without a required consent, we may delete it, withhold payment for it (Section 6), and suspend your account.
5. Rights in your Contributions
You assign your Contributions to us. When you submit a Contribution, you assign to Bonseki all of your rights, title, and interest in it, including copyright, worldwide. If any right can't be assigned, you grant Bonseki an exclusive, worldwide, perpetual, irrevocable, royalty-free (other than the payments in Section 6), transferable, and sublicensable license to it instead.
This means Bonseki can use, copy, store, edit, process, analyze, label, combine, translate, create derivative works from, display, distribute, sell, and license your Contributions and anything derived from them, for any lawful purpose. This includes:
- licensing or selling Contributions to third parties, including AI research labs and companies building AI products;
- training, fine-tuning, and evaluating artificial intelligence and machine learning models, including models and agents that learn to use computers and perform work tasks, by us or by those third parties;
- removing, blurring, or replacing information in Contributions, and labeling or describing them; and
- marketing, demos, and our website, but only after we have removed personal and sensitive information (such as names, faces, contact details, and account or customer data) using automated and human review.
Your Contributions may include your voice, your face (if visible), your name, and other personal information, and you consent to the uses above. We'll never give buyers your name or email address. They receive Contributions under a contributor ID instead (see the Privacy Policy). You waive any moral rights, rights of publicity, or similar rights in your Contributions to the extent the law allows. Third parties who receive your Contributions won't owe you anything, and we don't control how AI models behave after they're trained.
6. Payment
Rates. We pay you for verified recording time and, where offered, for answered questions, at your current rates (your "Rate Card"). Rates may differ between contributors and may change over time.
- We show you your Rate Card when you first sign in to the App, and you can see your current rates in the App's Earnings panel at any time.
- Whenever your Rate Card changes, we notify you in the App.
- Your rate for a session is set when the session starts and doesn't change for that session.
- Rate changes apply only to sessions you start after the change. We never lower what a past session earned.
- Verified recording time means time that was recorded, uploaded, and checked by our servers. Paused time, gaps, and failed or incomplete uploads don't count. Recorded time is paid by the whole minute, rounded down per session.
- We may set a daily recording limit. Time beyond the limit is not recorded or paid.
Cash outs. You can cash out your earnings once they reach the minimum shown in the App, to the Venmo account you provide. We'll send each payment within 3 business days of your request. You are responsible for giving us correct payment details. If a payment is returned, the amount goes back to your balance.
When we may withhold or reverse payment. We may decline to pay for, or recover payment for, any Contribution that breaks these Terms, including content recorded without required consent, prohibited content, fake or automated activity, or fraud. We'll tell you which Contribution is affected and why.
Taxes. You are responsible for all taxes on what you earn. We may ask for tax information (such as a Form W-9) and may hold payments until we receive it, or where the law requires us to.
7. Independent contractor
You are an independent contractor, not our employee, agent, or partner. You decide whether, when, and how much to record, within the daily limit. You are not entitled to employee benefits. Nothing in these Terms creates an employment relationship.
8. Things you must not do
You must not:
- use automation, scripts, bots, macros, or software-generated input to inflate recording time, or record a computer while no one is using it in order to earn;
- record someone else's computer or activity and submit it as your own, or share your account;
- create more than one account, or apply again after we close your account, without our permission;
- give false information in your application or answers;
- copy, modify, reverse engineer, or interfere with the App or the Service, or try to get around its limits or security; or
- use the Service in any way that breaks the law or harms Bonseki or others.
9. The App
We give you a personal, non-exclusive, non-transferable, revocable license to install and use the App on computers you control, only to take part in the Service. The App may update itself. You are responsible for granting the system permissions it asks for (screen recording, microphone, accessibility) and for turning them off when you don't want to record. We own the Service and the App, and all rights not expressly granted are reserved.
10. Stopping, deleting, and closing your account
- You can stop recording at any time, and you can close your account at any time by emailing contact@bonseki.com.
- When your account closes, we pay all your earnings, even if they're below the cash-out minimum, unless Section 6 allows us to withhold them. You must give us a valid payout account within 7 days of closing, and we'll send the payment within 30 days of receiving it.
- You can ask us to delete Contributions we hold. We can't recall Contributions that we've already licensed, sold, or delivered to a third party, or that have already been used to train a model. Our rights in Section 5 continue for those.
- We may suspend or close your account if you break these Terms, if the law requires it, or if we stop offering the Service. Where we can, we'll tell you why.
Sections 3–8 and 10–16 continue after your account closes.
11. Disclaimers
The Service and the App are provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't promise any particular amount of earnings, that the Service will always be available, or that recordings will always upload. The App records your screen and audio, and may affect your computer's performance or battery.
12. Limitation of liability
To the extent the law allows, Bonseki will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill. Our total liability for any claim relating to the Service is limited to the greater of (a) the amounts we paid you in the 12 months before the claim, or (b) US $100.
13. Your responsibility for claims (indemnity)
You will defend, indemnify, and hold harmless Bonseki and its officers, employees, and partners from any claims, losses, fines, and costs (including reasonable legal fees) arising from: (a) your Contributions; (b) any recording you made without a required consent or permission; (c) your breach of a confidentiality obligation, contract, or law; or (d) your breach of these Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws rules.
Please read this section carefully. It affects your rights.
- Talk to us first. Before filing a claim, email contact@bonseki.com with a description of the dispute. We'll both try in good faith to resolve it for 30 days.
- Arbitration. If we can't resolve it, any dispute arising from these Terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator decides all issues, including whether a dispute must be arbitrated. The Federal Arbitration Act governs this section.
- No class actions. You and Bonseki may bring claims only individually, not as a plaintiff or class member in any class, collective, or representative action.
- Small claims. Either of us may bring an individual claim in small-claims court instead.
- Opting out. You can opt out of arbitration by emailing contact@bonseki.com within 30 days of first accepting these Terms. If you do, disputes go to the state or federal courts in New Castle County, Delaware.
15. Changes to these Terms
We may update these Terms. If a change is material, we'll notify you in the App or by email at least 14 days before it takes effect, and the App will ask you to accept the new version before your next recording. Changes never apply to sessions recorded before they take effect. If you don't agree, stop recording and close your account.
16. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any part is unenforceable, the rest still applies. Not enforcing a right isn't a waiver of it. You may not transfer these Terms. We may transfer them in a merger, acquisition, or sale of assets. If a translated version conflicts with the English version, the English version controls.
17. Contact
Bonseki, Inc.
contact@bonseki.com