Terms and Conditions

1. Definitions

"Acceptable Use Policy" or "AUP" means the policy set forth in Clause 5 of this Agreement, which outlines the rules and prohibitions governing the use of the Service.

"AI-Generated Content" means all text, analysis, feedback, reports, and other materials generated by the Service's AI systems in response to User Content.

"Agreement" means these Terms and Conditions.

"Challenge Mode" means the advanced Simulation feature available in the Mastery Tier which conceals real-time feedback until the simulation concludes and introduces time-constrained objectives.

"Company IP" means all intellectual property owned by or licensed to the Company, including but not limited to the Service, its underlying software, algorithms, AI models, documentation, trademarks, and branding.

"Free Tier" means the no-cost Subscription Tier of the Service, which has limited features and usage caps as defined in this Agreement.

"Mastery Tier" means the premium paid Subscription Tier of the Service, offering the most extensive features and highest usage caps.

"Prohibited Content" means any User Content that violates the restrictions set forth in the Acceptable Use Policy.

"Prowess Tier" means the standard paid Subscription Tier of the Service.

"Quick-Start Mode" means the basic 'pre-built' Simulation feature available in all Subscription Tiers.

"Service" means the Sales Flair AI-powered sales coaching platform, including the website, applications, and all related technologies and functionalities provided by the Company.

"Simulation" means an interactive coaching session within the Service where a User engages with an AI-powered prospect persona.

"Strategic Sales Approach" means the selectable sales methodologies (e.g., 'Investigative Discovery', 'Commercial Teaching') that configure the AI's behavior and feedback criteria during a Simulation.

"Subscription Tier" means the level of Service to which a User has subscribed, which determines the available features, functionalities, and usage limits.

"User" means any individual or entity that creates an account and uses the Service.

"User Content" means all data, information, text, scenarios, and materials that a User provides, uploads, or inputs into the Service to initiate or conduct a Simulation.

2. The Service and License Grant

2.1. Description of the Service: The Service is an AI-powered coaching tool designed to help sales professionals improve their skills through interactive Simulations. The Service leverages a multi-index Retrieval-Augmented Generation (RAG) system to provide dynamic and contextually relevant coaching and feedback. The specific features and functionalities available to a User are determined by their selected Subscription Tier.

2.2. License Grant: Subject to your full and ongoing compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your personal or internal business purposes, strictly in accordance with the features and limitations of your chosen Subscription Tier.

3. User Accounts and Responsibilities

3.1. Account Creation: To use the Service, you must register for an account and provide accurate, current, and complete information as requested during the registration process. You agree to update this information as necessary to maintain its accuracy. You must be at least 18 years of age to use the Service. By registering, you represent and warrant that you meet this age requirement.

3.2. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (including your password) and for all activities that occur under your account. You must not share your account credentials with any third party. You agree to notify the Company immediately of any suspected or actual unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Subscriptions, Fees, and Payment

4.1. Subscription Tiers and Features: The Service is offered under various Subscription Tiers. The features, functionalities, and usage limitations associated with each tier are detailed in the table below. By subscribing to a specific tier, you agree to be bound by its corresponding limits.

4.2. Fees and Billing: You agree to pay all applicable fees for your chosen `Subscription Tier` in accordance with the pricing and payment terms presented to you at the time of purchase. Subscriptions are billed in advance on a recurring basis (monthly or annually) and are non-refundable. Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings prior to the renewal date.

4.3. Payment Processor: All payments are processed by our third-party Merchant of Record, Paddle.com Market Limited ("Paddle"). The Company does not collect, process, or store your payment card details. By making a purchase, you agree to be bound by Paddle's terms and privacy policy.

4.4. No Refunds: All fees paid are non-refundable, except as required by law or as explicitly stated in this Agreement. Cancelling your subscription will stop future charges but will not result in a refund for the current billing period.

4.5. Effect of Downgrading: If you downgrade your Subscription Tier, your access to certain features or content (including saved Scenarios) may change. If you downgrade to a paid tier with lower limits (e.g., Mastery to Prowess), content exceeding the new limit may become "read-only" or uneditable. If you downgrade to the Free Tier, features available only to paid subscribers (such as "Your Scenarios") will become immediately locked and inaccessible until you re-subscribe. The Company is not liable for any loss of access or utility resulting from a voluntary downgrade.

5. Acceptable Use Policy (AUP)

5.1. Introduction: This Acceptable Use Policy sets forth the rules for your use of the Service. Any violation of this AUP constitutes a material breach of the Agreement and may result in the immediate suspension or termination of your account without notice.

5.2. Prohibited General Conduct: You shall not, and shall not permit any third party to, use the Service to:

• Engage in any activity that is illegal under local, state, national, or international law.
• Engage in fraudulent, deceptive, or misleading activities, including "phishing," "spoofing," or pyramid schemes.
• Transmit spam, chain letters, or other unsolicited commercial or non-commercial communications.
• Harass, threaten, defame, stalk, bully, or otherwise violate the legal rights of others.
• Promote or incite hatred, discrimination, or violence against individuals or groups based on race, ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic associated with systemic discrimination or marginalization.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

5.3. Content and Data Restrictions: You shall not upload, input, or otherwise provide any User Content that:

• Infringes upon or misappropriates the intellectual property rights of any third party, including copyright, patent, trademark, or trade secret.
• You do not have the legal right to transmit or process.
• Contains sensitive personal information of any third party, such as financial account numbers, government-issued identification numbers (e.g., Social Security Numbers, passport numbers), or protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA), unless you have obtained explicit, verifiable consent from the data subject and have a legal basis for doing so.
• Contains confidential or proprietary information of any third party that you are not authorized to disclose.
• Contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

5.4. Prohibitions Specific to AI-Powered Features: You shall not use the Service to create, generate, or disseminate any AI-Generated Content that:

• Is intended to or has the effect of promoting self-harm, suicide, or eating disorders.
• Is sexually explicit, pornographic, or depicts sexual violence. This does not include content for scientific, educational, or artistic purposes, provided such purposes are legitimate and pre-approved in writing by the Company.
• Constitutes disinformation or misinformation intended to deceive or mislead.
• Facilitates academic dishonesty, such as generating essays or assignments to be submitted as a student's own work without proper attribution.
• Provides or purports to provide tailored legal, financial, or medical advice. The Service is a coaching tool, not a licensed professional. Any AI-Generated Content touching upon these fields must be independently verified by a qualified professional before being relied upon.
• Is generated through attempts to "jailbreak," "prompt inject," or otherwise manipulate the underlying AI model to bypass its safety features or generate content that would otherwise be prohibited by this AUP.

5.5. Security and System Integrity: You shall not:

• Attempt to gain unauthorized access to the Service, other users' accounts, or the computer systems or networks connected to the Service (including those hosted by our third-party cloud infrastructure providers) through password mining, hacking, or any other means.
• Probe, scan, or test the vulnerability of the Service or any associated system or network without the Company's explicit prior written authorization.
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to it, including through any form of denial-of-service (DoS) attack or by transmitting an unreasonable or disproportionately large load on the Company's infrastructure.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any Company IP.
• Access or use the Service by means of any robot, spider, scraper, or other automated means for any purpose without our express written permission.

5.6. Fair Use and Resource Allocation: Your use of the Service must be fair, reasonable, and not excessive or abusive in a manner that degrades the performance or availability of the Service for other users. For the avoidance of doubt, any usage that exceeds the quantitative limits (e.g., number of Simulations) specified for your Subscription Tier as detailed in Clause 4.1 of this Agreement shall be deemed a material violation of this Fair Use provision. Additionally, you strictly agree not to use automated scripts, bots, spiders, or scrapers to initiate Simulations, access the Service, or extract data. The Company reserves the right to throttle, suspend, or terminate accounts exhibiting non-human behavior patterns or excessive API usage, even if the monthly quantitative limits have not yet been reached.

5.7. AI Security & Integrity: You strictly agree not to attempt "prompt injection" attacks, "jailbreaking," or any other method designed to manipulate the AI’s core instructions, reveal its system prompts, or bypass its content safety filters.

6. User Content and AI-Generated Content

6.1. User Content:

6.2. AI-Generated Content:

7. Intellectual Property Rights

The Service, including its software, graphics, design, user interface, documentation, and all other components, constitutes the exclusive property and Company IP of the Company and its licensors. Except for the limited license granted in Clause 2.2, this Agreement does not grant you any right, title, or interest in the Company IP. The Company and its licensors reserve all rights not expressly granted in this Agreement. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Company IP.

8. Data Protection and Privacy

8.1. Privacy Policy: The Company's collection, use, and disclosure of personal data in connection with the Service is governed by the Sales Flair Privacy Policy, which is available on our website. The Privacy Policy is hereby incorporated by reference into, and made a part of, this Agreement. You consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.

8.2. No Confidential Information: You agree not to input any sensitive, proprietary, or confidential information belonging to your employer or any third party (including real client names, private pricing structures, or trade secrets) into the Service. The Service is designed for simulation and training using anonymized or hypothetical data only. The Company accepts no liability for your violation of third-party non-disclosure agreements or employment policies.

9. Third-Party Services

The Service integrates with or relies on certain third-party services, including but not limited to Render for cloud hosting, Google for AI processing and authentication, and Paddle for payment processing. Your use of the Service constitutes your agreement to comply with the applicable terms and policies of these third parties. The Company is not responsible for the performance, availability, or security of any third-party services and disclaims all liability for any harm or damages caused by them.

10. Term, Termination, and Suspension

• 10.1. Term: This Agreement commences on the date you first accept it and continues until terminated.
• 10.2. Termination by User: You may terminate this Agreement at any time by cancelling your subscription and ceasing all use of the Service. Cancellation will be effective at the end of your current billing period.
• 10.3. Suspension and Termination by Company: The Company may, in its sole discretion, suspend or terminate your access to the Service, in whole or in part, at any time, for any reason, including but not limited to your breach of this Agreement. The Company reserves the right to suspend or terminate your account immediately and without prior notice or liability if you violate the Acceptable Use Policy (Clause 5).
• 10.4. Effect of Termination: Upon termination of this Agreement, your license to use the Service will immediately cease. Clauses 1, 5, 6, 7, 11, 12, and 13 shall survive termination.

11. Disclaimers and Limitation of Liability

11.1. "AS IS" Disclaimer: 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. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11.2. AI Content Disclaimer: YOU ACKNOWLEDGE THAT THE AI-GENERATED CONTENT IS PRODUCED BY A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM AND MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, OR "HALLUCINATIONS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND EVALUATING ALL AI-GENERATED CONTENT AND YOU AGREE THAT ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED SOLELY FOR EDUCATIONAL AND TRAINING PURPOSES. THE COMPANY DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT YOUR USE OF THE SERVICE WILL RESULT IN ANY SPECIFIC BUSINESS OUTCOME, INCREASE IN SALES REVENUE, IMPROVED CONVERSION RATES, OR PROFESSIONAL ADVANCEMENT. ANY SALES STRATEGIES, NEGOTIATION TECHNIQUES, OR BUSINESS DECISIONS IMPLEMENTED BY YOU FOLLOWING A SIMULATION ARE YOUR SOLE RESPONSIBILITY. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OF BUSINESS, MISSED OPPORTUNITIES, OR FAILURE TO ACHIEVE PERFORMANCE TARGETS RESULTING FROM YOUR RELIANCE ON THE SERVICE.

11.3. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF 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) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

11.4. Liability Cap: IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED GREAT BRITISH POUNDS (£100.00).

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• (a) your access to or use of the Service;
• (b) your User Content;
• (c) your violation of this Agreement, including but not limited to your violation of the Acceptable Use Policy;
• (d) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right.

13. Refund Policy

All subscriptions and purchases made through the Service are subject to our Refund Policy, which is available here. The Refund Policy is incorporated by reference into, and made a part of, this Agreement.

14. General Provisions

14.1. Dispute Resolution: We are committed to resolving disputes amicably. If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us. You must send a written notice of the dispute to our support email. The notice must include your name, the email address associated with your account, and a detailed description of your claim. You and the Company agree to use good faith efforts to resolve the dispute directly through consultation and negotiations for a period of at least thirty (30) days from the date of the notice. If the dispute is not resolved within 30 days, either party may resort to formal legal proceedings in accordance with Clause 14.2. Adherence to this informal dispute resolution procedure is a condition precedent to filing any formal legal action.

14.2. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in England and Wales, and the parties irrevocably consent to the personal jurisdiction and venue therein.

14.3. International Use and Compliance: The Service is controlled and offered by the Company from its facilities. We make no representations that the Service is appropriate or available for use in all locations or languages. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with all applicable local laws and regulations.

14.4. Changes to Terms: The Company reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website and updating the "Last Updated" date. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement.

14.5. Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.

14.6. Entire Agreement: This Agreement, together with the Privacy Policy and Cookie Policy incorporated by reference, constitutes the entire and exclusive understanding and agreement between you and the Company regarding the Service, and supersedes and replaces any and all prior oral or written understandings or agreements.

14.7. Contact Information: If you have any questions about this Agreement, please contact us.