# Terms of Service

**Effective Date:** [INSERT DATE]
**Last Updated:** [INSERT DATE]

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## 1. Introduction

Welcome to **SpokesCoach** ("Service," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the SpokesCoach platform, including our website at spokescoach.com and any related services, features, content, and applications (collectively, the "Service").

SpokesCoach is an AI-powered media training platform designed for public relations agencies, corporate communications departments, executives, government spokespersons, and crisis communication teams. By accessing or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

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## 2. Definitions

- **"Account"** means an account created on the Service to access SpokesCoach features.
- **"Account Owner"** means the individual or organization with primary administrative control over an Account.
- **"Customer"** or **"Client"** means an organization that subscribes to the Service.
- **"Spokesperson"** or **"Trainee"** means an individual whose media training data is processed through the Service.
- **"Trainer"** means an individual user authorized by the Customer to conduct training sessions through the Service.
- **"User"** means any individual who accesses or uses the Service, including Account Owners, Trainers, and Spokespeople.
- **"Content"** means video recordings, audio recordings, transcripts, written feedback, scoring data, and any other materials submitted to or generated by the Service.

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## 3. Eligibility and Account Registration

### 3.1 Eligibility
The Service is intended for use by businesses and organizations. You must be at least 18 years old and have legal authority to enter into binding contracts to use the Service.

### 3.2 Account Registration
To access the Service, you must register for an Account and provide accurate, current, and complete information. You are responsible for:
- Maintaining the confidentiality of your Account credentials
- All activities that occur under your Account
- Promptly notifying us of any unauthorized access to your Account

### 3.3 Account Roles
The Service supports four Account roles, each with defined permissions:
- **Account Owner:** Full administrative control, including billing, team management, and access to all training data.
- **Trainer Admin:** Can manage Trainers and Spokespeople; access to all training reports.
- **Trainer:** Can conduct training sessions and view reports for their own assigned Spokespeople only.
- **Viewer:** Read-only access to permitted training reports.

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## 4. Subscription Plans and Billing

### 4.1 Plans
SpokesCoach offers three subscription tiers:
- **Starter:** Up to 3 Trainers and 50 Spokespeople
- **Pro:** Up to 10 Trainers and 200 Spokespeople
- **Enterprise:** Custom limits and features (negotiated per agreement)

### 4.2 Fees and Payment
- Subscription fees are billed monthly or annually in advance.
- Annual subscriptions receive a discount as published on our Pricing page.
- All fees are exclusive of applicable taxes, which the Customer is responsible for paying.
- Payment is due upon receipt of invoice; late payments may incur a fee of 1.5% per month or the maximum allowed by law.

### 4.3 Add-Ons
Customers may purchase add-ons including:
- Additional Trainer seats
- Specialized training packs (e.g., Crisis Communication, Industry-Specific)
- White-label branding (Enterprise only)

### 4.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless canceled at least 30 days before renewal. Customers may cancel by contacting support@spokescoach.com or via the Account dashboard.

### 4.5 Refunds
Subscription fees are generally non-refundable. We may, at our sole discretion, issue prorated refunds in cases of Service unavailability or material breach by SpokesCoach.

### 4.6 Price Changes
We reserve the right to modify pricing with 60 days' written notice. Changes take effect at the start of the next billing cycle.

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## 5. Acceptable Use

### 5.1 Permitted Use
You may use the Service to:
- Conduct media training sessions with authorized Spokespeople
- Review training reports and analytics
- Manage your team of Trainers and Spokespeople
- Export training data for internal use

### 5.2 Restrictions
You may NOT:
- Resell, redistribute, or sublicense the Service to third parties (except through approved white-label arrangements)
- Use the Service to train models, build competing AI systems, or extract our proprietary algorithms
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems (bots, scrapers) to access the Service except through approved APIs
- Use the Service to harass, defame, or harm individuals
- Upload Content that violates intellectual property rights, privacy laws, or third-party terms
- Train Spokespeople for the purpose of deceiving the public or engaging in fraudulent communications
- Circumvent usage limits, security features, or access controls
- Use the Service in any manner that violates applicable laws or regulations

### 5.3 Compliance
You are responsible for ensuring your use of the Service complies with:
- All applicable laws (including data protection laws such as GDPR, CCPA, and HIPAA where applicable)
- Industry regulations relevant to your business
- Internal policies of your organization and its clients

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## 6. Content and Intellectual Property

### 6.1 Customer Content
You retain ownership of all Content you upload or generate through the Service ("Customer Content"). By using the Service, you grant SpokesCoach a limited, non-exclusive, worldwide license to:
- Store, process, and display Customer Content as needed to provide the Service
- Generate AI-powered feedback, transcripts, and reports based on Customer Content
- Use anonymized, aggregated data to improve the Service (no personally identifiable information shared)

### 6.2 Spokesperson Consent
You represent and warrant that you have obtained all necessary consents from Spokespeople, including consent to:
- Recording video and audio during training sessions
- Storage and processing of biometric data (voice, facial features captured incidentally)
- AI analysis of their performance and language

### 6.3 SpokesCoach IP
All intellectual property in the Service—including software, AI models, training methodologies, persona designs, scoring algorithms, and documentation—is owned by SpokesCoach or our licensors. You receive no rights except as expressly granted in these Terms.

### 6.4 Feedback
If you submit feedback, suggestions, or ideas about the Service, we may use them without restriction or compensation to you.

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## 7. AI Services and Third-Party Providers

### 7.1 AI Disclaimer
The Service uses artificial intelligence to:
- Simulate journalist personas during training interviews
- Analyze speech patterns, content quality, and delivery
- Generate scoring, feedback, and recommendations

AI outputs are intended as training guidance. They are NOT:
- Professional media coaching advice
- Legal, regulatory, or compliance advice
- Guaranteed to be accurate or complete
- A substitute for human expertise in high-stakes situations (e.g., live crisis response)

You assume sole responsibility for any decisions made based on AI-generated output.

### 7.2 Third-Party Services
The Service integrates with third-party providers, including:
- **Anthropic** (AI language models)
- **ElevenLabs** (speech synthesis and recognition)
- **Stripe** (payment processing)
- **Supabase** (database hosting)
- **Resend** (email delivery)

Your use of these integrations is subject to the respective providers' terms of service and privacy policies.

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## 8. Data Protection and Privacy

### 8.1 Privacy Policy
Our collection, use, and disclosure of personal data is governed by our [Privacy Policy](/privacy), which is incorporated into these Terms by reference.

### 8.2 Data Processing Agreement (DPA)
For Customers processing personal data subject to GDPR, CCPA, or similar laws, our [Data Processing Agreement](/dpa) applies.

### 8.3 Data Retention
- **Video recordings:** Automatically deleted after 90 days, unless manually deleted earlier or retained per Enterprise agreement.
- **Transcripts:** Retained indefinitely for compliance, audit, and analytics purposes.
- **Account data:** Retained for the duration of your subscription plus 30 days after cancellation.

### 8.4 Data Export
You may request export of your Customer Content at any time via the dashboard or by contacting support@spokescoach.com.

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## 9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during use of the Service. This includes:
- Customer training data and Spokesperson identities
- SpokesCoach pricing, technical specifications, and product roadmaps shared in business negotiations

This obligation survives termination of these Terms.

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## 10. Service Availability and Modifications

### 10.1 Service Availability
We strive to maintain 99.5% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible. Enterprise customers may receive Service Level Agreements (SLAs) with specific uptime guarantees.

### 10.2 Modifications
We may modify or discontinue features of the Service at any time. We will provide reasonable notice for material changes that adversely affect Customer functionality.

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## 11. Termination

### 11.1 Termination by Customer
You may terminate your subscription at any time by:
- Canceling via the Account dashboard, or
- Sending written notice to support@spokescoach.com

Termination takes effect at the end of the current billing period.

### 11.2 Termination by SpokesCoach
We may suspend or terminate your Account if:
- You materially breach these Terms and fail to cure within 30 days of notice
- You fail to pay fees when due
- We reasonably believe your use of the Service poses legal, security, or reputational risk to SpokesCoach
- Required by law or court order

### 11.3 Effect of Termination
Upon termination:
- Your access to the Service ends
- We will retain your data for 30 days, after which it will be deleted (subject to legal retention requirements)
- You remain liable for any fees accrued before termination
- Sections 5 (Restrictions), 6 (Content/IP), 9 (Confidentiality), 12 (Liability), 13 (Indemnification), and 14 (Disputes) survive termination

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## 12. Disclaimers and Limitation of Liability

### 12.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements
- AI-generated outputs will be accurate, complete, or suitable for your purposes
- The Service will be uninterrupted, timely, secure, or error-free
- Any errors in the Service will be corrected

### 12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPOKESCOACH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
- The amount you paid us in the 12 months preceding the claim, or
- One thousand US dollars ($1,000)

### 12.3 Exceptions
The limitations in this section do not apply to:
- Liability for death or personal injury caused by negligence
- Fraud or willful misconduct
- Liability that cannot be excluded under applicable law

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## 13. Indemnification

You agree to indemnify, defend, and hold harmless SpokesCoach, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service in breach of these Terms
- Your violation of any law or third-party rights
- Content you upload or generate through the Service
- Disputes between you and Spokespeople, Trainers, or third parties

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## 14. Governing Law and Dispute Resolution

### 14.1 Governing Law
These Terms are governed by the laws of [INSERT JURISDICTION—e.g., State of Delaware, USA] without regard to its conflict of laws principles.

### 14.2 Informal Resolution
Before initiating formal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation for at least 60 days.

### 14.3 Arbitration
Any unresolved dispute shall be resolved through binding arbitration administered by [INSERT ARBITRATION BODY—e.g., American Arbitration Association] in accordance with its Commercial Arbitration Rules.

### 14.4 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in a class action against SpokesCoach.

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## 15. General Provisions

### 15.1 Entire Agreement
These Terms (together with the Privacy Policy and DPA) constitute the entire agreement between you and SpokesCoach regarding the Service and supersede any prior agreements.

### 15.2 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

### 15.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

### 15.4 No Waiver
Failure to enforce any provision is not a waiver of future enforcement.

### 15.5 Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, war, pandemics, internet outages).

### 15.6 Notices
Notices to SpokesCoach should be sent to: legal@spokescoach.com
Notices to you will be sent to the email associated with your Account.

### 15.7 Modifications to Terms
We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

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## 16. Contact

For questions about these Terms:

**SpokesCoach**
Email: legal@spokescoach.com
Support: support@spokescoach.com
Website: https://spokescoach.com

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**By using SpokesCoach, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.**