Terms of Use

Introduction and Acceptance

Welcome to AI Talk Coach! These Terms of Use ("Terms") govern your access to and use of the AI Talk Coach platform, including our website, mobile applications, and all related services (collectively, the "Service").

AI Talk Coach is operated by Jose Luis Sottomayor, based in Lisboa, Portugal ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Service.

You must be at least 16 years old (or 18 in some jurisdictions) to use the Service. By using the Service, you represent that you meet this age requirement.

1. Description of Service

AI Talk Coach is a speech improvement and communication training platform that helps users practice and improve their speaking skills through AI-powered feedback.

Features Include

• Speech recording: Record 30-180 second practice sessions
• AI-powered analysis: Receive feedback on pace, clarity, filler words, and confidence
• Progress tracking: Monitor improvement over time
• Personalized coaching: Get tailored recommendations for improvement
• Practice library: Access various scenarios (interviews, presentations, conversations)

Important Limitations

• Educational purposes only: AI Talk Coach is for communication skill development, not professional speech therapy or medical treatment
• AI-powered feedback: Feedback is generated by artificial intelligence and may not always be accurate
• Not guaranteed: We do not guarantee specific results or improvements
• Availability: The Service may be unavailable due to maintenance, updates, or technical issues

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2. Account Registration

Creating an Account

To use most features of the Service, you must create an account. You agree to:

• Provide accurate information: All registration information must be true, current, and complete
• Keep information updated: Update your information promptly if it changes
• Maintain security: Keep your password secure and confidential
• Be responsible: You are responsible for all activity under your account
• Notify us of breaches: Immediately inform us of any unauthorized access to your account

One Account Per Person

You may only create one account unless you have our written permission. Creating multiple accounts to abuse the trial period or other features is strictly prohibited.

Account Eligibility

• You must be at least 16 years old (or 18 in some jurisdictions)
• You must provide a valid email address
• You must not be prohibited from using the Service under applicable law

Account Termination by You

You may delete your account at any time through your Account Settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

3. Free Trial and Trial Extension

AI Talk Coach offers a unique free trial model designed to encourage consistent practice:

Initial Trial Period

• Duration: 24 hours from account creation
• Access: Full access to all features during the trial
• No payment required: Credit card optional during trial (required only for subscription)

Daily Practice Extension

Practice makes progress! You can extend your trial by practicing daily:

• Practice requirement: Complete at least one session of 60+ seconds
• Extension period: Trial extends through the end of the next calendar day
• Unlimited extensions: Keep practicing daily to keep using the Service for free
• Example: If you practice on Monday, your trial extends through the end of Tuesday

Trial Expiration

• If you don't practice: Trial expires after 24 hours (or your last extension)
• Access restriction: You'll need to subscribe to continue using the Service
• Data preservation: Your recordings and progress are saved even after trial expiration

Converting to Paid Subscription

• You can subscribe at any time during your trial
• Subscription begins immediately upon payment
• Daily practice requirements no longer apply

Trial Abuse

Creating multiple accounts to repeatedly access the trial period is prohibited and may result in account termination without refund.

4. Subscription and Billing

Subscription Plans

We offer the following subscription options:

• Monthly Plan: Billed monthly, cancel anytime
• Yearly Plan: Billed annually, cancel anytime (better value)
• Lifetime Plan: One-time payment (grandfathered, no longer available)

Payment Processing

• Payment processor: Stripe (secure, PCI-compliant)
• Payment methods: Credit/debit cards accepted by Stripe
• Currency: Prices displayed in USD or your local currency
• Taxes: Applicable taxes added at checkout based on your location

Automatic Renewal

Important: Subscriptions automatically renew unless you cancel before the renewal date.

• Monthly plans: Renew every month on your billing date
• Yearly plans: Renew annually on your billing date
• Notification: We'll send a reminder email before charging your payment method
• Price changes: We'll notify you at least 30 days before any price increase

Cancellation Policy

• Cancel anytime: You can cancel your subscription through Account Settings or Stripe Customer Portal
• Access until end: You'll retain access until the end of your current billing period
• No partial refunds: Cancellation does not result in a pro-rated refund
• Reactivation: You can reactivate your subscription at any time

Refund Policy

Generally, we do not offer refunds for subscription fees. However, we may provide refunds at our sole discretion in the following circumstances:

• Technical issues: If the Service is unavailable for an extended period
• Billing errors: If you were charged incorrectly
• Within 7 days: First-time subscribers may request a refund within 7 days (at our discretion)

To request a refund, contact us at zsottomayor@gmail.com with your account details and reason for the request.

Failed Payments

• Retry attempts: Stripe will automatically retry failed payments
• Email notification: You'll receive an email if payment fails
• Subscription suspension: Your subscription may be suspended if payment cannot be processed
• Update payment: Update your payment method in Account Settings

Price Changes

• We may change subscription prices at any time
• Existing subscribers: price changes apply on your next renewal
• 30-day notice: we'll notify you at least 30 days before any price increase
• Cancel if you disagree: you can cancel before the price change takes effect

5. User Content and Recordings

Ownership of Your Content

You retain all ownership rights to your audio/video recordings and any content you create using the Service. We do not claim ownership of your content.

License to Process Your Content

However, to provide the Service, you grant us a limited license to:

• Store your recordings: On our servers and cloud storage
• Process with AI: Send to third-party AI services (OpenAI, Deepgram) for analysis
• Generate feedback: Create analysis reports and coaching recommendations
• Display to you: Show your recordings and analysis in your account

This license is:

• Limited: Only for providing the Service to you
• Non-exclusive: You can use your content elsewhere
• Revocable: Ends when you delete your content or account
• Non-transferable: We won't transfer your content to others (except service providers)

We Do NOT Train AI on Your Content

Important guarantee: We do not use your recordings or transcripts to train AI models. Our agreements with OpenAI and Deepgram ensure your data is used solely to provide the Service to you, not to improve their AI systems.

Deleting Your Content

• Delete anytime: You can delete individual recordings from your session history
• Automatic deletion: Configure auto-delete in Privacy Settings (default: 30 days)
• Account deletion: Deleting your account removes all your content within 30 days
• Permanent removal: Deleted content cannot be recovered

Prohibited Content

You must not upload or record content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Violates any person's legal rights (privacy, publicity, intellectual property)
• Contains hate speech or promotes violence
• Contains sexually explicit material
• Impersonates another person or entity
• Contains spam or malicious code

We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

Responsibility for Content

You are solely responsible for your content and the consequences of sharing it. We are not responsible for any content uploaded by users and do not endorse any user content.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms.

Prohibited Activities

You must not:

Abuse or Harm

• Use the Service to harass, abuse, or harm others
• Upload content that is offensive, discriminatory, or promotes violence
• Impersonate any person or entity
• Collect information about other users without consent

Security Violations

• Attempt to gain unauthorized access to the Service or other users' accounts
• Probe, scan, or test the vulnerability of any system or network
• Circumvent any security or authentication measures
• Use any automated means (bots, scrapers) to access the Service without permission

System Abuse

• Interfere with or disrupt the Service or servers
• Transmit viruses, malware, or other malicious code
• Overload, spam, or flood the Service
• Use the Service in any way that could harm, disable, or impair it

Intellectual Property Violations

• Reverse engineer, decompile, or disassemble the Service
• Copy, modify, or create derivative works of the Service
• Remove any copyright or proprietary notices
• Use our trademarks or branding without permission

Commercial Misuse

• Resell or redistribute the Service without authorization
• Use the Service for any commercial purpose without a commercial license
• Frame or mirror the Service on other websites

Trial Abuse

• Create multiple accounts to exploit the free trial
• Use fake information to evade payment
• Share accounts with others (one account per person)

Consequences of Violations

Violations may result in:

• Warning or temporary suspension
• Permanent account termination
• Removal of content
• Legal action if applicable
• No refund of subscription fees

7. AI-Generated Content Disclaimer

AI Talk Coach uses artificial intelligence (OpenAI's GPT-4 and Deepgram) to analyze your speech and provide feedback. It's crucial you understand the limitations:

Educational Purposes Only

AI Talk Coach is for educational and self-improvement purposes only. It is NOT:

• Professional medical advice: Not a substitute for speech therapy or medical treatment
• Professional career advice: Not a replacement for career counseling or coaching
• Guaranteed accurate: AI may produce errors or inaccurate feedback
• Certified assessment: Not a formal evaluation or certification of your skills

AI Limitations and Risks

• Accuracy not guaranteed: AI models can make mistakes or misinterpret speech
• Biases: AI may have inherent biases in analysis
• Context limitations: AI may not understand cultural or contextual nuances
• No human review: Feedback is generated automatically without human oversight
• Not personalized therapy: Recommendations are generalized, not tailored to your specific needs

Your Responsibility

• Use your judgment: Critically evaluate all AI feedback
• Verify information: Don't rely solely on AI recommendations for important decisions
• Seek professional help: Consult a licensed professional for medical or therapeutic needs
• Report issues: Let us know if you encounter inappropriate or harmful feedback

No Guarantees of Results

We do not guarantee that using AI Talk Coach will:

• Improve your speaking skills
• Help you succeed in interviews or presentations
• Achieve any specific outcome
• Be suitable for your particular needs

Results depend on many factors, including your effort, practice consistency, and individual circumstances.

Liability for AI Errors

We are not liable for any damages resulting from:

• Inaccurate or misleading AI feedback
• Reliance on AI recommendations
• Decisions made based on AI analysis
• Any harm caused by following AI suggestions

8. Intellectual Property

Our Ownership

The Service and its entire contents, features, and functionality (including but not limited to all software, text, displays, images, audio, design, and user interface) are owned by AI Talk Coach, its licensors, or other content providers.

This content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Download and use our mobile applications on your devices

Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract source code (except as permitted by law)
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service for commercial purposes without our written consent

Trademarks

"AI Talk Coach" and related logos are trademarks of Jose Luis Sottomayor. You may not use these trademarks without our prior written permission.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without any obligation to you. This includes implementing your suggestions or using them to improve the Service.

User Content Ownership

You retain ownership of your recordings and content (see Section 5). However, the AI-generated analysis, feedback, and insights we provide are our intellectual property.

9. Termination

Termination by You

You may terminate your account at any time:

• Cancel subscription: Through Account Settings or Stripe Customer Portal
• Delete account: In Settings > Account > Delete Account
• Effect: Access ends at the end of your current billing period (or immediately for free accounts)

Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Privacy Policy
• Engage in fraudulent or illegal activity
• Abuse the Service or harm other users
• Fail to pay subscription fees
• Create multiple accounts to abuse the trial

Effect of Termination

Upon termination:

• Access ends: You lose access to the Service immediately (or at period end)
• Data deletion: Your personal data will be deleted according to our Privacy Policy
• No refunds: Termination for violations does not entitle you to a refund
• Survival: Sections that should survive termination (liability, indemnification, dispute resolution) remain in effect

Data After Termination

• 30-day grace period: We may retain your data for up to 30 days after termination
• Backup copies: Some data may persist in backups for up to 90 days
• Legal requirements: We may retain certain data as required by law (e.g., payment records for 7 years)

10. Disclaimers of Warranties

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

As-Is and As-Available

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: No warranty that the Service is suitable for any purpose
• Fitness for purpose: No guarantee the Service meets your specific needs
• Accuracy: No warranty that AI feedback is accurate or reliable
• Non-infringement: No guarantee that the Service doesn't infringe third-party rights
• Availability: No warranty of uninterrupted or error-free service
• Security: No guarantee that the Service is secure or free from viruses

AI-Specific Disclaimers

• AI feedback may be inaccurate, incomplete, or misleading
• AI analysis is not a substitute for professional advice
• Results from using the Service are not guaranteed
• AI may have biases or limitations we're not aware of

Third-Party Services

We are not responsible for third-party services (OpenAI, Deepgram, Stripe) and make no warranties about their performance, availability, or accuracy.

No Professional Advice

The Service does not provide medical, therapeutic, legal, or professional advice. Any information provided is for educational purposes only.

Your Sole Risk

Your use of the Service is at your sole risk. You assume all risks associated with using the Service and relying on any content or feedback.

11. Limitation of Liability

IMPORTANT: THIS SECTION LIMITS THE DAMAGES YOU CAN RECOVER FROM US.

No Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Loss of goodwill or reputation
• Cost of substitute services
• Personal injury or emotional distress
• Any other indirect or consequential losses

Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100 (WHICHEVER IS GREATER).

Applies to All Claims

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we've been advised of the possibility of such damages.

Third-Party Services

We are not liable for any damages caused by third-party services (OpenAI, Deepgram, Stripe) or their unavailability, errors, or data breaches.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless AI Talk Coach, Jose Luis Sottomayor, and our affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or recordings
• Your breach of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

13. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal and the European Union, without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at zsottomayor@gmail.com. We'll try to resolve the dispute informally within 60 days.

Jurisdiction

If informal resolution fails, you agree that any legal action or proceeding shall be brought exclusively in the courts of Lisboa, Portugal. You consent to the personal jurisdiction and venue of these courts.

EU and UK Users

If you are a consumer in the European Union or United Kingdom, you may also have the right to bring proceedings in the courts of your country of residence.

Arbitration (Optional)

If both parties agree, disputes may be resolved through binding arbitration under the rules of a mutually agreed arbitration body.

No Class Actions

You agree to bring claims against us only in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

Time Limit

Any claim arising from these Terms or the Service must be filed within one year after the claim arose, or it is permanently barred.

14. Third-Party Services

The Service relies on third-party providers. Your use of the Service is also subject to their terms and policies:

OpenAI (Speech Analysis)

• Terms: https://openai.com/terms
• Privacy: https://openai.com/privacy

Deepgram (Transcription)

• Terms: https://deepgram.com/terms
• Privacy: https://deepgram.com/privacy

Stripe (Payments)

• Terms: https://stripe.com/legal
• Privacy: https://stripe.com/privacy

No Endorsement

References to third-party services do not imply endorsement. We are not responsible for their content, products, services, or practices.

Third-Party Links

The Service may contain links to third-party websites. We are not responsible for the content or practices of these sites. Use them at your own risk.

15. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

Notification of Changes

• Minor changes: Updated "Last Updated" date at the top
• Material changes: Email notification and/or prominent notice in the Service
• Advance notice: At least 30 days notice for significant changes

Your Acceptance

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you don't agree with the changes, you must stop using the Service and may delete your account.

Review Regularly

We encourage you to review these Terms periodically to stay informed about your rights and obligations.

16. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AI Talk Coach regarding the Service.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or in connection with a merger or sale of assets.

No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (e.g., natural disasters, war, terrorism, pandemics).

Survival

Provisions that by their nature should survive termination (including disclaimers, liability limitations, indemnification, and dispute resolution) shall survive.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Contact Information

If you have questions about these Terms or the Service, please contact us: