Terms of Service

By creating an account, accessing, or using the SpeechCoach platform ("Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use the Service. We may update these Terms from time to time. Continued use of the Service after any changes constitutes acceptance of the revised Terms. We will notify you of material changes via email or in-app notification, and you may be required to re-accept updated Terms before continued use.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial skill development purposes. This license does not include the right to: • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. • Use the Service for any commercial purpose, including but not limited to building a competing product or service. • Access the Service for the purpose of benchmarking, competitive analysis, or building a similar or competing product or service.

The Service and its entire contents, features, and functionality — including but not limited to all scoring algorithms, scoring dimensions, rubrics, coaching methodologies, training plans, drill sequences, progression systems, difficulty calibration logic, gamification mechanics, badge/achievement systems, speech analysis pipelines, prompt engineering, AI model configurations, user interface designs, visual identity, and documentation — are owned by SpeechCoach and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You acknowledge that the Service contains proprietary and confidential information that has been developed at significant expense and effort, and that this information constitutes valuable trade secrets of SpeechCoach. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited license in Section 2.

You agree that the following elements of the Service constitute trade secrets and confidential information ("Confidential Information"): (a) Scoring models, dimensions, weights, thresholds, and calibration parameters; (b) Training plan structures, drill content, progression algorithms, and level-up criteria; (c) Speech analysis pipelines, prompt engineering techniques, and AI orchestration methods; (d) Gamification mechanics, badge definitions, rarity systems, and achievement algorithms; (e) Coaching persona configurations and scenario design methodology; (f) Internal benchmarks, performance metrics, and usage analytics; (g) Any information marked as confidential or that a reasonable person would understand to be confidential. You agree NOT to: • Disclose, publish, or make available any Confidential Information to any third party; • Use any Confidential Information to develop, enhance, or operate a competing product or service; • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data models of the Service; • Systematically download, scrape, or extract content, data, or outputs from the Service; • Share, resell, or sublicense your account or access credentials. These confidentiality obligations survive termination of your account and remain in effect for five (5) years after your last use of the Service, or until the information becomes publicly available through no fault of your own.

During the term of your use of the Service and for twelve (12) months after your last use, you agree that you will not, directly or indirectly: (a) Develop, design, market, sell, or operate any product, service, or feature that is substantially similar to, or competitive with, the Service or any material feature thereof; (b) Use knowledge, methodologies, or insights gained from the Service to assist any third party in developing a competing product or service; (c) Solicit, recruit, or hire any employee, contractor, or consultant of SpeechCoach; (d) Circumvent, bypass, or attempt to bypass any technical or contractual restrictions placed on the Service. This clause applies to you in your individual capacity and to any business, entity, or organization in which you have a controlling interest or decision-making authority. If any court determines this Section to be unenforceable, the court shall modify it to the minimum extent necessary to make it enforceable.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to: (a) Use the Service in any way that violates any applicable federal, state, local, or international law or regulation; (b) Upload, record, or transmit any content that is defamatory, obscene, hateful, discriminatory, threatening, or otherwise objectionable; (c) Use the Service to generate, train, or fine-tune machine learning models; (d) Use automated systems, bots, scrapers, or other automated means to access the Service; (e) Attempt to probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures; (f) Interfere with or disrupt the integrity or performance of the Service; (g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation; (h) Use the Service in any manner that could disable, overburden, damage, or impair it; (i) Share, resell, lease, or redistribute your account or any outputs from the Service for commercial purposes; (j) Record, capture, or redistribute any proprietary coaching content, drill sequences, or analysis outputs in any format; (k) Use the Service for surveillance, monitoring, or evaluating third parties without their informed consent.

You retain ownership of any audio, video, or text recordings you upload or create using the Service ("User Content"). By uploading User Content, you grant SpeechCoach a limited, non-exclusive license to process, analyze, store, and display your User Content solely to provide and improve the Service. SpeechCoach will not sell your User Content to third parties. We may use aggregated, anonymized, and de-identified data derived from usage patterns to improve the Service, but will never use your recordings, transcripts, or personal coaching outputs for this purpose without your explicit consent. You are solely responsible for ensuring your User Content does not violate the rights of any third party, including privacy and intellectual property rights.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) Provide accurate and complete registration information; (b) Promptly notify us of any unauthorized access to or use of your account; (c) Not share your account credentials with any other person or entity; (d) Use a unique, strong password and enable multi-factor authentication when available. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

Access to certain features of the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees. All fees are non-refundable except as expressly stated in our Refund Policy or as required by applicable law. Refund requests may be submitted through the in-app helpdesk. Approved refunds will be processed within 14 business days. We reserve the right to deny refund requests that we reasonably believe are fraudulent, abusive, or made in bad faith.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination: (a) Your license to use the Service immediately ceases; (b) You must immediately stop using the Service and destroy any materials obtained from it; (c) Your obligations under Sections 3 (IP), 4 (Trade Secrets), 5 (Non-Competition), and 12 (Limitation of Liability) survive termination; (d) We may retain your data as required by law or for legitimate business purposes, subject to our Privacy Policy and the data retention provisions in Section 16. You may request account deletion at any time through the Service or by contacting support. Deletion of your account does not relieve you of obligations that survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SpeechCoach does not warrant that the Service will be uninterrupted, error-free, or free of harmful components. Coaching feedback, scores, and AI-generated outputs are for educational and personal development purposes only and do not constitute professional advice. We do not guarantee any specific improvement in your speaking ability. Results depend on your individual effort, consistency, and practice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEECHCOACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) Your access to or use of, or inability to access or use, the Service; (b) Any conduct or content of any third party on the Service; (c) Any content obtained from the Service; (d) Unauthorized access, use, or alteration of your transmissions or content. IN NO EVENT SHALL SPEECHCOACH'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID SPEECHCOACH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless SpeechCoach, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) Your use of the Service; (b) Your violation of these Terms; (c) Your violation of any third-party right, including intellectual property or privacy rights; (d) Your User Content.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against SpeechCoach.

When your paid subscription expires or is not renewed: (a) Your account will enter a 60-day grace period during which you may renew your subscription to retain full access to your data, including recordings, transcripts, analyses, coaching history, and progress data. (b) During the grace period, you will not be able to create new recordings or sessions, but you may view and export your existing data. (c) If your subscription is not renewed within 60 days of expiry, all User Content and associated data — including but not limited to audio/video recordings, transcripts, analysis results, coaching scores, session history, progress data, and uploaded files — will be permanently and irreversibly deleted from our systems. (d) You will receive email notifications at 30 days, 14 days, and 3 days before the scheduled deletion date reminding you to renew or export your data. (e) Once deletion occurs, we cannot recover any of your data. It is your sole responsibility to export or back up any data you wish to retain before the grace period ends. (f) Deletion under this section is performed automatically by our systems and does not require any action on your part. SpeechCoach shall not be liable for any loss of data resulting from non-renewal of your subscription. (g) This provision does not affect your right to request account deletion under Section 10 or applicable data protection laws (e.g., GDPR Art. 17), which may be exercised at any time regardless of subscription status.

(a) Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SpeechCoach regarding the Service. (b) Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. (c) Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. (d) Assignment: You may not assign your rights under these Terms. SpeechCoach may assign its rights without restriction. (e) Force Majeure: SpeechCoach shall not be liable for any failure or delay due to circumstances beyond its reasonable control. (f) Contact: For questions about these Terms, contact legal@speechcoach.ai.