These Terms of Service (“Terms”) govern your access to and use of the TalkCoach platform, website, and related services (collectively, the “Service”) provided by TalkCoach LLC (“TalkCoach,” “we,” “us,” or “our”).

By creating an account, accessing the Service, or clicking to accept these Terms, you agree to be bound by them. 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.

PLEASE READ THESE TERMS CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO ARBITRATION, DO NOT USE THE SERVICE.

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

1. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Be located in the United States
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

You are responsible for providing accurate account information and for keeping your login credentials secure. You are responsible for all activity that occurs under your account. Please notify us promptly at talkcoach.io/support if you believe your account has been compromised.

2. Description of Service

TalkCoach is a workplace communication support and coaching platform. The Service is designed to help individuals practice and develop professional communication skills through AI-assisted coaching, scripting tools, roleplay simulations, communication style insights, and curated resource materials.

TalkCoach is a productivity and self-improvement tool. It is not a licensed professional service and does not provide legal, HR, employment, medical, psychological, or other professional advice. AI-generated content is for informational and practice purposes only. You should not rely on it as a substitute for professional judgment.

TalkCoach is intended as a confidential, non-evaluative resource for individual users. We do not make employment decisions, evaluate users on behalf of their employers, or voluntarily report individual coaching session content to managers, HR departments, or any other organizational stakeholders. See Section 11 for further limitations.

3. Subscriptions and Billing

A. Subscription Plans

Access to the Service requires a paid subscription, an invitation under an active business subscription, or enrollment in a free trial. We currently offer a 7-day free trial for new users, after which continued access requires a paid subscription. Subscription plans, features, and pricing are described on our website and may be updated from time to time.

B. Payment

By subscribing, you authorize TalkCoach (through our payment processor, Stripe) to charge your designated payment method on a recurring basis at the then-current subscription rate. All fees are stated in U.S. dollars. Payment is due at the start of each billing cycle.

C. Free Trials

TalkCoach currently offers a 7-day free trial that does not require payment information to activate. At the end of the trial period, continued access requires creating a paid subscription. We will notify you before your trial expires with information on how to subscribe.

D. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at talkcoach.io/support. Cancellation takes effect at the end of your current billing period. We do not provide prorated refunds for partial billing periods, except where required by applicable law.

E. Refunds

All fees are generally non-refundable except where required by law or as expressly stated at the time of purchase. If you believe you have been charged in error, please contact us within 30 days of the charge.

F. Price Changes

We may change subscription pricing from time to time. We will provide at least 30 days’ advance notice of any price increase before it applies to your subscription. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

4. Business and Team Subscriptions

A. Administrator Accounts

If you subscribe on behalf of an organization, you may invite Authorized Users to access the Service under your subscription. Administrators may view account-level information such as seat assignments and billing status. Administrators are not provided access to individual users’ coaching session content through the administrator interface. TalkCoach does not share individual session content with administrators except as required by law.

B. Organization Responsibility

By subscribing on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The organization is responsible for ensuring that all Authorized Users comply with these Terms and for any activity conducted through the organization’s account.

C. User Invitations

Authorized Users access the Service subject to these Terms. The subscribing organization is responsible for managing seat access and revoking access for users who should no longer have it. TalkCoach is not responsible for unauthorized access resulting from the organization’s failure to manage user permissions.

D. Subscription Cancellation and User Data

Upon cancellation of a business subscription, individual users’ coaching session content will be deleted or rendered inaccessible in accordance with the data retention practices of our third-party platform infrastructure. Account-level information may be retained by TalkCoach for billing, legal, and recordkeeping purposes. TalkCoach does not independently archive or transfer individual users’ coaching session content to the subscribing organization upon cancellation or at any other time, except as required by law.

5. User Content

A. Your Content

The Service allows you to submit messages, scenarios, and other content in connection with coaching sessions (“User Content”). You retain ownership of any intellectual property rights you hold in your User Content.

B. License to TalkCoach

By submitting User Content, you grant TalkCoach a limited, non-exclusive, royalty-free license to use, process, store, and display your User Content solely to: (i) provide and operate the Service; (ii) maintain, troubleshoot, and improve the Service, including improving prompts, workflows, and coaching resources; and (iii) comply with legal obligations.

This license does not permit TalkCoach to sell your User Content, share it with third parties for their independent commercial use, or use it for purposes unrelated to providing and improving the Service.

C. Responsibility for Content

You are solely responsible for the content you submit. Please do not submit sensitive personal data, including Social Security numbers, protected health information, full payment card data, or similar sensitive information.

When using roleplay, scenario, or scripting features, please avoid including unnecessary identifying details about other individuals. You represent that your use of the Service does not violate the rights of any third party, including the privacy rights of colleagues or other individuals you may reference.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harass, threaten, defame, or harm any person
• Submit content that infringes any third-party intellectual property, privacy, or other rights
• Attempt to gain unauthorized access to any part of the Service or its underlying systems
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated tools (such as bots, scrapers, or crawlers) to access or extract data from the Service without our written permission
• Use the Service to train a competing AI product or model
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Transmit malware, viruses, or other harmful code
• Attempt to circumvent any access controls, rate limits, or security measures

TalkCoach reserves the right to suspend or terminate access for any user or organization that violates these acceptable use standards.

7. AI-Generated Content

A. Nature of AI Outputs

The Service uses AI language models to generate coaching responses, scripts, and communication insights. These outputs are generated automatically and may not always be accurate, complete, contextually appropriate, or suitable for your specific situation.

B. No Professional Advice

Nothing generated by the Service constitutes legal, HR, employment, medical, psychological, or other professional advice. You should consult a qualified professional before making decisions based on AI-generated content, particularly in high-stakes workplace situations.

C. No Employment or Evaluative Function

TalkCoach’s AI outputs are not designed or validated for use in employment decisions, performance reviews, hiring assessments, disciplinary processes, or any other consequential evaluation of individuals. TalkCoach expressly disclaims any responsibility for how AI-generated outputs are applied by users or organizations in employment-related contexts.

D. Your Responsibility

You are solely responsible for evaluating AI-generated content before acting on it. TalkCoach makes no guarantee that any communication strategy, script, or insight produced by the Service will achieve a particular outcome in any real-world situation.

8. Beta and Experimental Features

From time to time, TalkCoach may make available features designated as beta, experimental, or preview (“Beta Features”). Beta Features are provided “as is” without any warranties of any kind. They may contain errors, operate inconsistently, or produce unexpected results.

TalkCoach may modify, suspend, or discontinue any Beta Feature at any time without notice and without liability. Your use of Beta Features is at your sole risk. Feedback you provide regarding Beta Features may be used by TalkCoach to improve the Service without any obligation to you.

9. Intellectual Property

A. TalkCoach IP

The Service, including its software, design, AI models, prompts, workflows, resource content, and all related materials, is owned by or licensed to TalkCoach LLC and is protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service.

B. Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant TalkCoach a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without any obligation to you.

C. Trademarks

“TalkCoach” and any associated logos or product names are trademarks of TalkCoach LLC. You may not use these marks without our prior written consent.

10. Privacy

Our Privacy Policy (available at talkcoach.io/privacy) describes how we collect, use, and protect personal information. By using the Service, you agree to the collection and use of information as described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

11. Third-Party Services and Links

The Service may integrate with or link to third-party services, platforms, or resources. TalkCoach does not control third-party services and is not responsible for their content, privacy practices, or availability. Your use of any third-party service is governed by that service’s own terms and policies.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALKCOACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TalkCoach does not warrant that: (a) the Service will be uninterrupted, error-free, or available at any particular time; (b) AI-generated outputs will be accurate, complete, or appropriate for your needs; (c) results obtained from use of the Service will meet your expectations; or (d) defects in the Service will be corrected.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALKCOACH LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL TALKCOACH’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO TALKCOACH IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations apply only to the extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless TalkCoach LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to:

• Your use of the Service or violation of these Terms
• Your User Content
• Your violation of any third-party right, including any privacy, intellectual property, or other right
• Any claim by a third party arising from your use of AI-generated content in an employment-related or other consequential context

15. Confidentiality of Coaching Sessions

TalkCoach is designed as a confidential coaching tool. Individual coaching session content is not shared with administrators, employers, or managers by TalkCoach as part of the ordinary operation of the Service.

However, TalkCoach is not a privileged communication service under any legal doctrine, including attorney-client privilege or therapist-client privilege. TalkCoach may be required to disclose information in response to valid legal process, such as a subpoena, court order, or regulatory requirement. See our Privacy Policy for further detail on when disclosures may occur.

You should not use the Service as your sole or primary means of preserving sensitive workplace communications.

16. Termination

A. By You

You may cancel your subscription and close your account at any time through your account settings or by contacting us. Cancellation does not entitle you to a refund of prepaid fees except as required by law.

B. By TalkCoach

TalkCoach may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, engaged in fraudulent or harmful conduct, or if required by law. We may suspend access immediately and without prior notice where necessary to protect the security of the Service, prevent harm, or comply with a legal obligation. In other circumstances, we will provide reasonable notice where practicable.

We may also discontinue the Service in whole or in part at our discretion, with reasonable advance notice where practicable.

C. Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. Sections 5B, 7, 8, 9, 12, 13, 14, 15, 17, and 18 survive termination. Data retention following termination is governed by our Privacy Policy.

17. Dispute Resolution

A. Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact TalkCoach at talkcoach.io/support and give us a reasonable opportunity (not less than 30 days) to resolve the dispute informally. Most concerns can be resolved this way.

B. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

If a dispute cannot be resolved informally, you and TalkCoach agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including any question of arbitrability — will be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.

The arbitration will be conducted in Denver, Colorado, or by videoconference if the claim is for $10,000 or less. The arbitrator will apply Colorado law. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section prevents TalkCoach from seeking injunctive relief in court to protect its intellectual property or confidential information.

C. Exceptions to Arbitration

The following claims are excluded from binding arbitration and may be brought in a court of competent jurisdiction:

• Claims within the jurisdiction of small claims court
• Claims for emergency injunctive or other equitable relief
• Claims related to intellectual property rights (including patent, copyright, trademark, and trade secret)

D. Class Action Waiver

YOU AND TALKCOACH EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement in this Section 17 will be null and void.

E. Jury Trial Waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND TALKCOACH EACH WAIVE THE RIGHT TO A JURY TRIAL. Any court proceedings will be resolved by a judge.

F. Governing Law

These Terms and any dispute arising out of or related to them are governed by the laws of the State of Colorado, without regard to conflict of law principles.

18. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will provide at least 30 days’ advance notice via email or prominent notice within the Service before the updated Terms take effect. Your continued use of the Service after the effective date constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you must stop using the Service before the effective date of the changes.

19. General Provisions

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and TalkCoach regarding the Service and supersede all prior agreements on the same subject.

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

TalkCoach’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized TalkCoach representative.

You may not assign or transfer your rights under these Terms without our prior written consent. TalkCoach may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

20. Contact Us

For questions about these Terms:

talkcoach.io/support

TalkCoach LLC — Denver, Colorado