Terms

Terms of Service

Version 2.0 (replaces the version effective June 25, 2026)

These Terms of Service ("Terms") govern your access to and use of KPT Coach, a sales coaching platform operated by KPT Industries, LLC ("KPT Industries," "we," "us," or "our"), located at 4700 S. Mill Avenue, Tempe, AZ 85282.

By creating an account, clicking to accept, or accessing or using kptcoach.com, our applications, and our related services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Key points (summary only -- the full Terms below control):

• Practice-call audio is processed in real time and is not stored as audio files; transcripts and scores are retained. We do not use your content to train third-party AI models.

• You own your content. We own the Service.

• Subscriptions auto-renew until you cancel; fees are non-refundable except where the law requires otherwise. You can cancel anytime and keep access through the end of the period you paid for.

• AI scores are training indicators, not employment tests. They must never be the sole basis for hiring, firing, pay, or promotion decisions.

• Disputes are resolved by individual binding arbitration in Arizona, with a class-action and jury-trial waiver. You can opt out of arbitration within 30 days -- see Section 16.

• These Terms include disclaimers of warranties and limitations of our liability -- see Sections 13 and 14.

1. The Service

KPT Coach provides AI-powered sales role-play practice and coaching. The Service includes practice calls with simulated AI personas, automated scoring and feedback, performance analytics, team management tools, any API we make available, and related features we may offer from time to time.

We are continually improving the Service and may add, modify, or remove features. We may modify, suspend, or discontinue any part of the Service at any time. If a change materially reduces the core functionality of your paid plan during a period you have already paid for, we will use reasonable efforts to notify you in advance, and your remedy is to cancel as described in Section 3.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Service. The Service is intended for business and professional training use. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under applicable law (see Section 17.8, Export Controls and Sanctions).

2.2 Account Creation and Security

You must provide accurate, complete information when creating an account and keep that information updated. You are responsible for:

• Maintaining the confidentiality of your password and account credentials

• All activity that occurs under your account

• Notifying us immediately at support@kptcoach.com of any unauthorized access or suspected compromise of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we determine, in our reasonable discretion, pose a risk to the Service or other users.

2.3 Organization Accounts

If you use the Service through an account created or administered by a company, team, or other organization (an "Organization"), or you create an account on behalf of an Organization, the following applies:

• Authority. If you accept these Terms on behalf of an Organization, you represent that you have the authority to bind that Organization, and "you" includes the Organization.

• Administrator control. The Organization's administrators and authorized managers may manage team membership, assign practice, configure scoring rubrics, and access team members' practice activity, scores, transcripts, and usage data within that Organization's workspace, as described in our Privacy Policy.

• Workplace notices. Organizations that invite or require team members to use the Service are responsible for providing any workplace notices and obtaining any consents required by applicable law or the Organization's own policies.

• Legitimate use. Organizations must ensure that managers access and use practice information only for legitimate training and coaching purposes, consistent with Section 5.5 (Training Scores and Human Review) and our Privacy Policy.

• Individual accounts. A personal account not connected to an Organization's workspace is not visible to any employer, even if you sign up with a work email address.

2.4 Separate Written Agreements

If you or your Organization has signed a separate written agreement with KPT Industries (such as an enterprise order form, master services agreement, or Data Processing Addendum), that agreement controls to the extent it conflicts with these Terms.

3. Subscriptions, Billing, and Payment

3.1 Plans, Sessions, and Pricing

The Service is offered through subscription plans described on our pricing page. Plans include a monthly allotment of practice sessions; additional sessions may be purchased at the per-session rate shown on the pricing page. Unused plan sessions do not roll over unless the pricing page says otherwise. Plan features, session limits, and prices are subject to change as described in Section 3.7.

3.2 Billing

Subscriptions are billed in advance on a recurring monthly or annual basis through our third-party payment processor. By subscribing, you authorize us and our payment processor to charge the payment method on file for the applicable subscription fees, session purchases, and any applicable taxes. You represent that you are authorized to use the payment method you provide.

3.3 Auto-Renewal and Cancellation

Your subscription automatically renews at the end of each billing period, and your payment method will be charged, unless you cancel before the renewal date. You can cancel at any time through your account settings or by emailing support@kptcoach.com. Cancellation takes effect at the end of the current billing period: you keep access until then, and you will not be charged again.

3.4 Refunds

All fees are non-refundable except where required by applicable law or expressly stated otherwise in these Terms. If you cancel mid-period, you retain access to the Service until the end of the current billing period; no prorated refund will be issued.

3.5 Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. Specific terms (trial length, eligibility, conversion to paid) will be communicated at the time of the offer. If a trial converts to a paid subscription, we will tell you before you start the trial, and you will be charged automatically unless you cancel before the trial ends. Features available during a trial may differ from paid features, and trial access is provided "as is."

3.6 Billing Errors, Disputed Charges, and Failed Payments

If you believe you have been billed in error, contact support@kptcoach.com within 60 days of the charge; we will work with you in good faith to investigate and correct genuine errors. If a payment fails, we may retry the charge and may suspend or terminate access to paid features until payment is made. You are responsible for keeping your payment method current. Initiating a chargeback on a valid charge instead of contacting us may result in suspension of your account while the dispute is resolved.

3.7 Price Changes

We may change subscription and session prices with at least 30 days' advance notice by email or through the Service. Price changes take effect at the start of your next billing period after the notice period ends. If you do not agree to a price change, cancel before it takes effect; continued use after the change takes effect constitutes acceptance.

3.8 Taxes

Prices exclude taxes unless stated otherwise. You are responsible for applicable sales, use, and similar taxes, other than taxes on our income.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law

• Resell, sublicense, rent, lease, or commercially exploit the Service without our prior written permission

• Reverse engineer, decompile, or attempt to extract the source code, models, prompts, or underlying technology of the Service, except to the extent this restriction is prohibited by law

• Use bots, scrapers, or automated tools to access the Service, other than through any API we make available and subject to its documentation and rate limits

• Access the Service to build a competing product or service, to benchmark against a competing product, or to train competing AI models

• Attempt to circumvent session limits, usage limits, authentication, or access controls

• Upload, transmit, or attempt to generate content that is illegal, defamatory, harassing, obscene, hateful, or that infringes or misappropriates third-party rights

• Use the Service to harass, abuse, defame, or harm real individuals, including through generated personas or content

• Impersonate any person or misrepresent your affiliation with any person or entity

• Interfere with or disrupt the Service or the servers and networks that support it

• Probe, scan, or test the vulnerability of the Service without prior written authorization

• Share account credentials or otherwise permit persons who are not authorized users to access the Service

We reserve the right to remove content, suspend accounts, and pursue legal action against violators. If we make an API available, your use of it is subject to these Terms and its documentation, and we may throttle or revoke API access at any time to protect the Service.

5. AI-Generated Content and Output

5.1 Nature of AI Output

The Service uses artificial intelligence to generate persona responses, scoring, debriefs, and feedback ("AI Output"). Transcripts of your practice calls are Your Content under Section 6, not AI Output. AI Output is generated by statistical models and may contain inaccuracies, errors, or biases, and similar AI Output may be generated for other users. AI Output is provided for training and practice purposes only and should not be relied upon as professional, legal, financial, or compliance advice.

5.2 No Guarantee of Outcomes

We make no representation that using the Service will improve your sales performance, close rates, or any other business outcome. Sales success depends on many factors beyond practice; the Service is one tool among many.

5.3 Persona Disclosures

AI personas in the Service are fictional. Any resemblance to real persons is coincidental. You may not use the Service to create personas intended to defame, harass, or impersonate identifiable real individuals.

5.4 Review of AI Output

You are responsible for reviewing AI Output before relying on it. We claim no ownership interest in the scores, debriefs, and feedback generated for you: you may use, copy, and share them for your own training and business purposes, subject to these Terms. If the Service produces incorrect or harmful output, please report it to support@kptcoach.com.

5.5 Training Scores and Human Review

Scores, pass results, skill labels, recommendations, and other automated evaluations are training indicators. They are not validated employment-selection tests and must not be used as the sole basis for hiring, termination, compensation, promotion, discipline, lead allocation, licensing, or any other material employment or business decision.

Organizations are responsible for meaningful human review, considering relevant context, and complying with employment, civil-rights, disability, automated-decision, and other applicable laws before making a decision that affects an individual. A user may request review of an apparent scoring error by contacting support@kptcoach.com.

5.6 Accommodations and Alternative Access

Voice-based practice may not be appropriate for every user. Organizations must not penalize a user whose disability, assistive technology, language access need, temporary impairment, or documented technical problem affects an attempt without first considering a reasonable accommodation or alternative assessment method. Users may request assistance or another available format through support@kptcoach.com.

5.7 Regulated-Industry Training

Real-estate, fair-housing, lending, appraisal, insurance, legal, tax, healthcare, and other regulated-industry scenarios are educational simulations only. They do not replace a broker's or supervisor's oversight, legal advice, licensing education, approved forms, local law, MLS rules, professional standards, or an Organization's policies. Organizations and users remain responsible for verifying and following the rules that apply to an actual transaction or communication.

6. Your Content, License, and Our AI-Training Commitments

6.1 Your Content

"Your Content" means any information, text, scenarios, products, goals, rubric customizations, or other content you upload, create, or generate using the Service, including the transcripts of your practice calls.

6.2 Ownership

You retain all rights, title, and interest in Your Content. We do not claim ownership of Your Content.

6.3 License to Us

You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, process, transmit, reproduce, and display Your Content solely to operate, provide, secure, and improve the Service, to provide support, and to comply with law. This license ends when you delete Your Content or close your account, except (a) for content already shared into an Organization workspace as described in our Privacy Policy, (b) as needed for routine backups (purged on the schedule in our Privacy Policy), and (c) as required for legal compliance.

6.4 No Training on Your Content

We do not use Your Content to train third-party AI models, and our agreements with the AI providers that process Your Content do not permit them to use it to train their models. We may use aggregated, de-identified data derived from Your Content to operate, evaluate, and improve the Service, and we commit not to attempt to re-identify de-identified data except as necessary to test that de-identification is effective.

6.5 Your Responsibility

You represent that you have all necessary rights to Your Content and that Your Content does not violate any law or third-party right. You -- not KPT Industries -- are responsible for the accuracy and lawfulness of the scenarios, products, and materials you upload.

6.6 Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you. Feedback does not include Your Content.

7. Our Intellectual Property

The Service -- including all software, models, designs, text, graphics, persona content, scoring rubrics we author, and all other materials other than Your Content -- is owned by KPT Industries, LLC or our licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose. We reserve all rights not expressly granted. No rights are granted by implication.

"KPT Coach," "KPT Industries," and our logos are trademarks of KPT Industries, LLC. You may not use our trademarks without our prior written permission. We extend you the same courtesy: we will not use your name, or your Organization's name or logo, in marketing materials, customer lists, or case studies without prior written consent.

8. Copyright Complaints (DMCA)

We respect intellectual property rights and expect users to do the same.

8.1 Notices of Claimed Infringement

If you believe content on the Service infringes your copyright, send a notice to our Copyright Agent containing the information required by 17 U.S.C. Section 512(c)(3):

• Your physical or electronic signature

• Identification of the copyrighted work claimed to be infringed

• Identification of the material claimed to be infringing and information reasonably sufficient to locate it

• Your contact information (address, telephone number, email)

• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law

• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Copyright Agent: KPT Industries, LLC, Attn: Copyright Agent, 4700 S. Mill Avenue, Tempe, AZ 85282 - support@kptcoach.com (subject line "DMCA Notice")

8.2 Counter-Notices

If your content was removed and you believe the removal was a mistake or misidentification, you may send our Copyright Agent a counter-notice meeting the requirements of 17 U.S.C. Section 512(g)(3). We may restore the material in accordance with the DMCA unless the original complainant files a court action within the statutory period.

8.3 Repeat Infringers; Misrepresentation

We will terminate the accounts of repeat infringers in appropriate circumstances. Knowingly misrepresenting that material is infringing, or that it was removed by mistake, can expose you to liability under 17 U.S.C. Section 512(f).

9. Third-Party Services

The Service relies on third-party providers for AI processing, voice synthesis, payment processing, hosting, analytics, and email delivery. Your use of third-party services through KPT Coach is subject to those providers' terms and privacy policies, and we are not responsible for third-party services we do not control. A current list of our service providers is available on request to privacy@kptcoach.com.

Enterprise Organizations may request our then-current subprocessor information, security materials, and Data Processing Addendum. Any service-level, data-residency, or security commitment beyond those stated in these Terms and our Privacy Policy applies only if included in a written agreement signed by KPT Industries. This does not limit the breach-notification commitments in our Privacy Policy or our obligations under applicable law.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Two points worth repeating here:

• Audio of practice calls is processed in real time and is not stored as audio files; transcripts and scoring are retained as described in the Privacy Policy.

• If you use the Service through an Organization account, your Organization's administrators can access your practice activity, scores, transcripts, and usage data in that workspace.

11. Beta and Experimental Features

We may offer features labeled alpha, beta, preview, early access, or experimental ("Beta Features"). Beta Features are provided for evaluation, "as is," may be modified or discontinued at any time without notice, may be subject to additional terms presented when you enable them, and are excluded from any availability or support commitments. We may collect additional diagnostic data about Beta Feature usage as described in our Privacy Policy.

12. Suspension and Termination

12.1 Termination by You

You may close your account at any time through your account settings or by following the deletion process described in our Privacy Policy. Termination does not entitle you to a refund of fees already paid, except where required by law.

12.2 Suspension and Termination by Us

We may suspend or terminate your access to the Service, with or without notice, if:

• You materially violate these Terms, including the Acceptable Use rules in Section 4

• Your account is delinquent

• We are required to do so by law, or a third-party provider essential to the Service requires it

• Your use poses a security risk to the Service or other users

• We discontinue the Service

Where practicable, we will use reasonable efforts to notify you and, for curable violations, give you an opportunity to cure before termination. We are not required to do so for serious violations, security risks, or where prohibited by law.

12.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. You may request an export of Your Content before closing your account; after closure, deletion proceeds on the schedule in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 3 (amounts owed), 5.5, 6, 7, 8, 13, 14, 15, 16, and 17.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not warrant that AI Output will be accurate, complete, current, or free from bias, or that the Service will meet your specific requirements or produce particular results. No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF KPT INDUSTRIES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

The exclusion of indirect damages above does not apply to a party's indemnification obligations under Section 15 or to amounts you owe under Section 3. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or fraud, for death or personal injury caused by negligence, or for any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. The limitations in this Section apply even if a limited remedy fails of its essential purpose.

15. Indemnification

You agree to defend, indemnify, and hold harmless KPT Industries, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) brought by a third party arising out of or related to:

• Your use of the Service in violation of these Terms or applicable law

• Your violation of any third-party right, including intellectual property or privacy rights

• Your Content

• For Organizations: your failure to provide workplace notices, obtain required consents, or conduct the human review described in Section 5.5

We will provide you with prompt notice of any such claim and reasonable cooperation (at your expense). We may participate in the defense with counsel of our choosing, and you may not settle any claim that imposes obligations on us without our prior written consent.

16. Governing Law and Dispute Resolution

Please read this Section carefully. It requires individual arbitration of most disputes, waives jury trials and class actions, and includes a 30-day right to opt out of arbitration (Section 16.8).

16.1 Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) governs Sections 16.3 through 16.9.

16.2 Informal Resolution First

Before filing an arbitration demand or court claim, the party raising the dispute must send the other a written notice describing the dispute ("Dispute Notice"). Your Dispute Notice must go to support@kptcoach.com (subject line "Dispute Notice") or to our mailing address in Section 18, and must include your name, the email on your account, a description of the dispute, and the relief you seek. Ours will go to the email on your account. For 60 days after a Dispute Notice is received, the parties will attempt in good faith to resolve the dispute informally, including by a telephone or video conference if either party requests one. Completing this process is a condition to starting arbitration or litigation. Any applicable statute of limitations is tolled during the 60-day period.

16.3 Binding Arbitration

If a dispute is not resolved informally, any claim arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by JAMS under its Streamlined Arbitration Rules & Procedures in effect when the arbitration begins. If you are an individual using the Service for personal or household purposes, the JAMS Consumer Arbitration Minimum Standards also apply. The rules are available at jamsadr.com.

The arbitration will be seated in Maricopa County, Arizona, but you may elect to participate by videoconference or telephone, and the arbitrator may allow claims suitable for resolution on written submissions to proceed without a hearing. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Arbitration Costs and Fees

Payment of JAMS filing, administrative, and arbitrator fees is governed by the applicable JAMS rules. Where the JAMS Consumer Arbitration Minimum Standards apply, you pay only the portion of the filing fee those standards allocate to consumers, and we pay the remainder of the JAMS fees. Each party bears its own attorneys' fees and costs unless applicable law or the JAMS rules provide otherwise, and the arbitrator may award any individual relief a court could award.

16.5 Delegation

The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that the enforceability of the class-action waiver in Section 16.6, and any dispute about whether Section 16.7 (Mass Arbitration) has been followed, are for a court to decide.

16.6 Class Action and Jury Trial Waiver

YOU AND KPT INDUSTRIES EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND KPT INDUSTRIES EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.

16.7 Mass Arbitration

If 25 or more arbitration demands of a substantially similar nature are filed against us within a 90-day period by or with the assistance of the same or coordinated counsel or organizations, the parties agree the demands will be administered under the JAMS Mass Arbitration Procedures and Guidelines (including its fee schedules), and statutes of limitations are tolled for demands awaiting administration under those procedures.

16.8 Your Right to Opt Out of Arbitration

You may opt out of Sections 16.3 through 16.7 entirely. To do so, email support@kptcoach.com (subject line "Arbitration Opt-Out") within 30 days of the date you first accept these Terms (or, for accounts existing on the Effective Date above, within 30 days of that Effective Date). Include your name, the email on your account, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and no one will retaliate against you for opting out. If you opt out, disputes will be resolved in the courts described in Section 16.10.

16.9 Exceptions and Severability

Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or other equitable relief in any court of competent jurisdiction for actual or threatened infringement or misuse of intellectual property, security breaches, or unauthorized access to the Service. If the class-action waiver in Section 16.6 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court under Section 16.10 rather than in any form of class or consolidated arbitration, and the remainder of this Section 16 remains in effect.

16.10 Venue for Non-Arbitrated Disputes

Any dispute not subject to arbitration (including where you have opted out) will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties consent to personal jurisdiction and venue there. This does not override a small-claims election under Section 16.9.

16.11 Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim accrued; otherwise, it is permanently barred. This limit does not apply to claims that cannot be shortened by contract under applicable law.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or addenda described in Section 2.4, constitute the entire agreement between you and KPT Industries, LLC regarding the Service and supersede prior agreements on the subject.

17.2 Severability

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect (subject to Section 16.9 for the class-action waiver).

17.3 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later. Waivers must be in writing.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

17.5 Force Majeure

Neither party is liable for failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.

17.6 Notices

We may provide notices to you by email to the address on your account, through the Service, or by posting on our website; notices are effective when sent or posted. You may send notices to us at support@kptcoach.com or by mail to KPT Industries, LLC, 4700 S. Mill Avenue, Tempe, AZ 85282. Legal notices (including Dispute Notices) should identify your account email.

17.7 Electronic Communications

You consent to receive agreements, notices, disclosures, and other communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent by closing your account. To receive communications, you must maintain a valid email address on your account.

17.8 Export Controls and Sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions or embargoes, and that you are not listed on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals List). You agree to comply with all applicable U.S. export control and sanctions laws in connection with your use of the Service.

17.9 No Third-Party Beneficiaries

These Terms do not create any rights in favor of any person other than you, KPT Industries, and the indemnified parties described in Section 15.

17.10 Interpretation

Section headings are for convenience only. "Including" means "including without limitation."

17.11 California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17.12 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect, and we will update the "Last Updated" date and version number above. If you do not agree to the updated Terms, cancel your subscription and stop using the Service before they take effect; continued use after the effective date constitutes acceptance. Changes to Section 16 (Dispute Resolution) do not apply to a dispute for which a Dispute Notice was received before the change took effect. Prior versions are available on request.

18. Contact Us

For questions about these Terms or the Service:

KPT Industries, LLC\

4700 S. Mill Avenue\

Tempe, AZ 85282\

General support: support@kptcoach.com

Privacy questions: privacy@kptcoach.com