Terms

Terms of Service

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, accessing, or using kptcoach.com and our related services (the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

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, and related features as we may offer from time to time.

We may modify, suspend, or discontinue any part of the Service at any time. We will use reasonable efforts to notify you of material changes in advance.

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. By using the Service, you represent that you meet these requirements.

2.2 Account Creation

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 of any unauthorized access or security breach

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

2.3 Team and Company Accounts

If you use the Service on behalf of a company or organization ("Customer"), you represent that you have the authority to bind that organization to these Terms. The Customer's account administrator may have visibility into and control over team members' practice activity, scores, and usage.

3. Subscription, Billing, and Payment

3.1 Plans and Pricing

The Service is offered through subscription plans described on our pricing page. Plan features, session limits, and prices are subject to change with notice.

3.2 Billing

Subscriptions are billed in advance on a recurring monthly or annual basis through our payment processor. By subscribing, you authorize us to charge the payment method on file for the applicable subscription fees, including any applicable taxes.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You can cancel through your account settings or by emailing support@kptcoach.com.

3.4 Refunds

All subscription fees are non-refundable except where required by law. If you cancel mid-period, you will 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 you do not cancel before the trial ends, you will be automatically charged for the applicable subscription.

3.6 Failed Payments

If a payment fails, we may suspend or terminate access to the Service. You are responsible for keeping your payment method current.

3.7 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing period after notice.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Resell, sublicense, or commercially exploit the Service without our written permission
• Reverse engineer, decompile, or attempt to extract the source code or underlying technology
• Use bots, scrapers, or automated tools to access the Service (other than the API we make available)
• Attempt to circumvent usage limits, authentication, or access controls
• Upload, transmit, or generate content that is illegal, defamatory, harassing, obscene, hateful, or infringes third-party rights
• Use the Service to harass, abuse, or harm real individuals through generated personas or content
• Use the Service to develop a competing product or train competing AI models
• 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

We reserve the right to remove content, suspend accounts, and pursue legal action against violators.

5. AI-Generated Content and Output

5.1 Nature of AI Output

The Service uses artificial intelligence to generate persona responses, conversation transcripts, scoring, and feedback ("AI Output"). AI Output is generated based on statistical models and may contain inaccuracies, errors, or biases. AI Output is provided for training and practice purposes only and should not be relied upon as professional 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. If the Service produces incorrect or harmful output, please report it to support@kptcoach.com.

6. Your Content and License Grant

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, store, process, transmit, and display Your Content solely to provide and improve the Service for you. This license ends when you delete Your Content or close your account, except as needed for backups, legal compliance, or as otherwise described in our Privacy Policy.

6.4 No Training on Your Content

We do not use Your Content to train third-party AI models. We may use aggregated, anonymized data derived from Your Content for internal analytics and to improve the Service.

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.

7. Our Intellectual Property

The Service, including all software, designs, text, graphics, persona content, rubrics, and all other materials (excluding Your Content) is owned by KPT Industries, LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms. We reserve all rights not expressly granted.

"KPT Coach," "KPT Industries," and our logos are trademarks of KPT Industries, LLC. You may not use our trademarks without our prior written permission.

8. Third-Party Services

The Service relies on third-party providers for AI processing, voice synthesis, payment processing, hosting, and email delivery. Your use of these third-party services through KPT Coach is subject to their respective terms and privacy policies. We are not responsible for third-party services. A current list of providers is available on request.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

10. Termination

10.1 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.

10.2 Termination by Us

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

• You violate these Terms or our Acceptable Use policy
• Your account is delinquent
• We are required to do so by law
• We discontinue the Service

10.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitation of liability.

11. 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, 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. We do not warrant that the Service will meet your specific requirements or produce particular results.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KPT INDUSTRIES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT 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 YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY 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 CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. 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) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Your Content

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles.

14.2 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at support@kptcoach.com. We will attempt to resolve the dispute within 60 days of receiving your notice.

14.3 Arbitration

If we cannot resolve a dispute informally, any claim arising out of or related to these Terms or the Service will be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. Arbitration will take place in Maricopa County, Arizona. Each party will bear its own attorneys' fees and costs except as otherwise required by law.

14.4 Class Action Waiver

You agree that any dispute will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or other representative proceeding.

14.5 Exception

Either party may bring an individual action in small claims court or seek injunctive relief in any court of competent jurisdiction for claims related to intellectual property, security, or unauthorized access.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or addenda, constitute the entire agreement between you and KPT Industries, LLC regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet outages, or third-party service failures.

15.6 Notices

We may provide notices to you by email, through the Service, or by posting on our website. You may send notices to us at support@kptcoach.com or by mail to KPT Industries, LLC, 4700 S. Mill Avenue, Tempe, AZ 85282.

15.7 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. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. 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