Terms of Service

1. Agreement to These Terms

These Terms of Service and End User License Agreement (the "Terms") govern your access to and use of the ListenCoach mobile application, website, and related services (collectively, the "Service") provided by ListenCoach, LLC ("ListenCoach," "we," "us," or "our"). By creating an account, accessing the Service, starting a recorded session, uploading content, or completing a purchase, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization. If a separate written agreement between ListenCoach and an organization applies to your use, that agreement controls to the extent of a conflict.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Service. The Service is not intended for children or teens. You may not allow a person under 18 to use your account or upload content containing a minor’s voice or personal information unless ListenCoach has expressly approved that use in writing and all legal requirements have been satisfied.

3. What ListenCoach Provides

ListenCoach is an AI-powered communication and listening practice tool. Features may include spoken roleplay conversations with an AI, recording and transcription of those sessions, the ability to upload real conversation recordings for analysis, AI-generated coaching, practice history, and progress information. Features may change over time and may differ by plan, device, location, or availability. ListenCoach is designed for development and practice. It is not intended to make employment, legal, medical, mental health, financial, credit, housing, insurance, education, or other high-impact decisions about any person.

4. Accounts and Security

• Provide accurate, current, and complete account information.
• Keep your password and authentication credentials confidential.
• Do not share your account or subscription access with another person.
• Notify us promptly at support@listencoach.ai if you suspect unauthorized access.
• Accept responsibility for activity under your account unless caused by our failure to use reasonable security measures. We may require verification, reauthentication, or other reasonable security steps. We may refuse registration, reclaim usernames, or suspend access when reasonably necessary to protect the Service or users.

5. License and Permitted Use

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Service for your own personal development, professional development, and internal business purposes. You may not resell, sublicense, commercially exploit, or provide the Service as a competing product or managed service without our written permission. For the iOS app, the license is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing when Apple permits it.

6. Recording of AI Roleplay Sessions

ListenCoach uses your device microphone and may record, transmit, transcribe, store, and analyze your spoken roleplay sessions with the AI. Before recording begins, the app must provide a clear recording notice or indicator. By affirmatively starting or continuing a session after that notice, you consent to this processing for the purposes described in our Privacy Policy. Do not look at or interact with the screen while driving. Use any hands-free or voice-only mode only when it is lawful and safe to do so, and stop using the Service whenever it could distract you. You are responsible for complying with distracted-driving and device-use laws.

7. Uploaded Real Conversations and Third-Party Consent

The Service may allow you to upload a real conversation, meeting, voice memo, or other audio or file ("Uploaded Content") for coaching and analysis. Uploaded Content may include the voice, statements, likeness, personal information, confidential information, or intellectual property of people other than you (each a "Third-Party Participant").

7.1 Your Representations and Responsibilities

Each time you upload content, you represent, warrant, and agree that:

• You own the Uploaded Content or have all rights and permissions required to record, possess, upload, transcribe, analyze, and process it through ListenCoach.
• You have provided every legally required notice and obtained every legally required consent from each Third-Party Participant. Some jurisdictions require consent from all parties to a conversation.
• Your recording, upload, and use comply with all applicable recording, interception, wiretap, privacy, biometric, employment, labor, confidentiality, and data-protection laws.
• You will not use ListenCoach for covert surveillance, employee monitoring without required notice, stalking, harassment, blackmail, or any unlawful purpose.
• You will not upload confidential, proprietary, trade-secret, legally privileged, regulated, or third-party information unless you are authorized to use a cloud-based AI service to process it.
• You will not upload content involving a person under 18 unless ListenCoach has approved that use in writing and you have satisfied every applicable legal requirement.

7.2 ListenCoach Does Not Verify Your Consent

ListenCoach is not a party to the conversation you upload and does not verify whether you gave required notice or obtained required consent. You are solely responsible for the legality and appropriateness of your Uploaded Content. We may remove content, restrict features, preserve evidence, or suspend an account if we reasonably believe content was obtained or uploaded unlawfully.

7.3 Requests From Third-Party Participants

A Third-Party Participant may contact support@listencoach.ai to request review or removal of their information. We may ask for information needed to locate the content, verify the request, protect the account holder, and comply with law. We do not guarantee removal when retention is legally required or when we cannot reasonably identify the content.

8. Your Content and the License You Grant Us

As between you and ListenCoach, you retain ownership of content you submit, including recordings, uploads, prompts, and text ("User Content"), subject to the rights of other people whose information appears in it. You grant ListenCoach and its service providers a worldwide, non-exclusive, royalty-free license to host, copy, transmit, transcribe, reproduce, format, analyze, modify, and otherwise process User Content solely to provide, secure, support, and improve the Service as described in our Privacy Policy. This license lasts while the User Content is stored in the Service and for a limited period in backups or as required for legal, security, and dispute-resolution purposes. It does not give us ownership of your User Content. We do not use private voice recordings, uploaded real conversations, or transcripts to train generalized AI models for unrelated customers unless we first obtain your affirmative consent. You may use coaching feedback generated for you for personal and internal business purposes. AI output may not be unique, and another user may receive similar output. We do not guarantee that output is protectable by intellectual-property law or does not resemble third-party material.

9. Acceptable Use

You may not, and may not help anyone else to:

• Use the Service unlawfully or violate another person’s privacy, publicity, intellectual-property, confidentiality, contractual, or other rights.
• Upload content obtained without required authorization or consent.
• Use the Service to threaten, harass, exploit, discriminate against, defame, impersonate, or harm another person.
• Submit malware, harmful code, or content designed to disrupt or compromise the Service.
• Probe, scan, circumvent, disable, or interfere with security, access controls, usage limits, or technical protections.
• Reverse engineer, decompile, disassemble, extract, copy, or attempt to discover source code, prompts, model weights, algorithms, or non-public components, except to the limited extent law prohibits this restriction.
• Use scraping, bots, automation, or excessive requests that place an unreasonable load on the Service.
• Create multiple accounts to evade limits, exploit trials, or avoid charges.
• Use the Service or output to train, benchmark for publication, or develop a competing AI model or product without written permission.
• Use coaching results as the sole basis for employment discipline, hiring, promotion, termination, credit, housing, insurance, education, medical, legal, or other high-impact decisions.

10. Subscriptions, Billing, and Refunds

10.1 Apple Purchases

Purchases made in the iOS app are processed by Apple and are subject to Apple’s payment and subscription terms. Apple, not ListenCoach, controls billing authorization, payment methods, subscription eligibility, introductory offers, and refund decisions. We may receive transaction identifiers and subscription status but do not receive your full payment card information.

10.2 Automatic Renewal and Cancellation

An auto-renewable subscription continues for the period shown at purchase and renews automatically unless canceled through your Apple account settings before the renewal date. Cancellation stops future renewal but generally does not end access before the current paid period expires. Deleting the app or your ListenCoach account does not automatically cancel an Apple subscription.

10.3 Pricing and Changes

The price, subscription period, features, and any trial terms are displayed before purchase. Apple may determine eligibility for trials or introductory offers. Price changes will be handled through Apple and any notice or consent process required by Apple or law.

10.4 Refunds

Refund requests for App Store purchases must be submitted to Apple and are subject to Apple’s policies and applicable law. We cannot directly issue an App Store refund. Apple may ask us for limited information about whether purchased features were used. We will not provide Apple with your recordings or transcripts for refund evaluation.

11. Privacy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. It is incorporated into these Terms. You acknowledge that providing the Service requires processing User Content through third-party AI, speech, cloud, and infrastructure providers as described in the Privacy Policy.

12. AI, Coaching, and Professional-Service Disclaimers

ListenCoach uses artificial intelligence and automated speech technologies. You understand and agree that:

• AI responses, transcripts, speaker labels, observations, summaries, and coaching can be inaccurate, incomplete, inconsistent, or inappropriate.
• Speech recognition and analysis quality can vary based on accent, language, audio quality, background noise, device, and context.
• The Service does not know every fact, intention, relationship, cultural norm, or legal requirement relevant to a conversation.
• You are responsible for evaluating feedback and deciding whether or how to use it. The Service provides communication practice and educational coaching only. It is not therapy, counseling, crisis response, medical care, legal advice, human-resources advice, employment screening, financial advice, or another licensed professional service. ListenCoach does not monitor sessions for emergencies and cannot contact emergency services on your behalf. If you may be in danger or experiencing a crisis, stop using the Service and contact local emergency services or a qualified professional. ListenCoach is not designed to receive protected health information under the Health Insurance Portability and Accountability Act (HIPAA) unless we have entered into a separate written agreement that expressly permits that use.

13. ListenCoach Intellectual Property

The Service, including software, interfaces, designs, text, graphics, workflows, branding, documentation, models, prompts, methods, and technology, is owned by ListenCoach or its licensors and is protected by intellectual-property law. Except for the limited license in these Terms, no rights are granted to you. If you provide suggestions, ideas, or feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use them without restriction or compensation, provided we do not identify you publicly without permission.

14. Third-Party Services

The Service depends on third-party platforms, AI providers, cloud services, app stores, and device features. Their services may be unavailable, changed, or subject to separate terms. You must comply with applicable third-party terms, including wireless data-service agreements and Apple’s terms. We are not responsible for third-party services except as required by law.

15. Availability, Changes, and Beta Features

We may add, change, limit, suspend, or discontinue features. We do not guarantee uninterrupted or error-free operation. Maintenance, outages, vendor failures, security events, internet conditions, and events outside our reasonable control may affect availability. Beta or experimental features may be less reliable and may be changed or removed without notice.

16. Suspension, Termination, and Account Deletion

You may stop using the Service at any time and may initiate account deletion through the in-app account settings. Account deletion is separate from cancellation of an Apple subscription. We may suspend or terminate access, remove content, or limit features if you violate these Terms, create risk or legal exposure, fail to pay, misuse the Service, or threaten security or other users. When practical, we will provide notice and an opportunity to address the issue. We may act immediately when reasonably necessary to prevent harm, fraud, unlawful conduct, or security risk. Sections that by their nature should survive termination will survive, including provisions concerning ownership, User Content responsibility, disclaimers, liability limits, indemnification, disputes, and general terms.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." LISTENCOACH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE OR AI OUTPUT WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR A PARTICULAR DECISION OR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTENCOACH AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR DAMAGES ARISING FROM AI ERRORS, TRANSCRIPTION ERRORS, USER CONTENT, RECORDING-LAW VIOLATIONS, THIRD-PARTY SERVICES, OR SERVICE INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LISTENCOACH FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. These limitations do not apply to liability that cannot lawfully be limited, and they do not limit rights you may have under mandatory consumer-protection law.

19. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless ListenCoach, its affiliates, members, officers, employees, agents, licensors, and service providers from claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

• Your User Content or Uploaded Content.
• Your failure to provide required notice or obtain required consent from a Third-Party Participant.
• Your violation of recording, interception, privacy, biometric, employment, confidentiality, intellectual-property, or other law.
• Your violation of these Terms or another person’s rights.
• Your misuse of the Service or use of coaching output for a high-impact decision. We may control the defense of a claim subject to indemnification, and you agree to cooperate. You may not settle a claim in a way that admits wrongdoing by or imposes obligations on ListenCoach without our written consent.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Except where mandatory consumer law provides otherwise, any dispute arising from these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction. Either party may bring an eligible claim in small-claims court. Nothing in these Terms limits a right or remedy that cannot be waived under applicable consumer law.

21. Additional Terms for Apple Users

The following provisions apply when you download or use the iOS version of ListenCoach:

1. Acknowledgment. These Terms are between you and ListenCoach, LLC, not Apple Inc. ListenCoach, not Apple, is solely responsible for the app and its content. These Terms do not create usage rules that conflict with the Apple Media Services Terms and Conditions.
2. Scope of license. Your license is non-transferable and limited to use on Apple-branded products that you own or control as permitted by Apple’s Usage Rules, including Family Sharing or volume purchasing where applicable.
3. Maintenance and support. ListenCoach is solely responsible for maintenance and support required by these Terms or applicable law. Apple has no obligation to provide maintenance or support for the app.
4. Warranty. ListenCoach is solely responsible for any product warranty that cannot be disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation, and ListenCoach is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure.
5. Product claims. ListenCoach, not Apple, is responsible for addressing claims relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection, privacy, or similar claims.
6. Intellectual-property claims. If a third party claims that the app or your possession and use of it infringes intellectual-property rights, ListenCoach, not Apple, is responsible for investigation, defense, settlement, and discharge of the claim.
7. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and you are not listed on a U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints, or claims concerning the app should be directed to ListenCoach using the contact information in Section 24.
9. Third-party terms. You must comply with applicable third-party terms when using the app, including your wireless data-service agreement.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you upon your acceptance.

22. Changes to These Terms

We may update these Terms to reflect changes to the Service, law, vendors, or business practices. We will post the revised Terms with a new effective date and provide additional notice of material changes when required. Your continued use after the effective date constitutes acceptance, except where law requires affirmative consent. If you do not agree to revised Terms, stop using the Service and cancel any subscription before its next renewal.

23. General Terms

• Entire agreement. These Terms, the Privacy Policy, purchase disclosures, and any applicable written organization agreement are the entire agreement regarding the Service.
• Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain effective.
• No waiver. A failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, financing, sale of assets, or by operation of law.
• No agency. These Terms do not create a partnership, employment, agency, franchise, or joint venture.
• Electronic communications. You consent to receive notices electronically, including by email, in-app message, or posting in the Service.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.

24. Contact Information