Terms of Service

2. Description of Service

2.1 What We Provide

The Pocket Coach is an AI-powered voice coaching platform designed specifically for real estate professionals. Our Service provides:

• Interactive AI voice coaching sessions
• Real estate scenario training and role-playing
• Professional development resources
• Practice sessions for client interactions

2.2 Service Limitations

Our Service:

• Provides coaching and training guidance only
• Does NOT constitute legal, financial, or professional real estate advice
• Does NOT replace formal real estate education or licensing requirements
• Does NOT guarantee specific business outcomes or success
• Is NOT a substitute for human mentorship or broker supervision where required

3. Account Registration and Security

3.1 Eligibility

To use our Service, you must:

• Be at least 18 years old
• Be a real estate professional or in real estate training
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your login credentials
• All content you create, upload, or share through the Service
• Ensuring your use complies with your brokerage's policies

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Remain inactive for extended periods
• Engage in fraudulent or illegal activities
• Abuse or misuse the Service

4. Subscription and Payments

4.1 Subscription Plans

• Block Time: You may purchase 4 hour blocks of time that do not expire

4.2 Payment Terms

• All fees are in US Dollars unless otherwise specified
• Payments are non-refundable except as required by law
• You must provide current, complete, and accurate billing information

4.3 Price Changes

• We may modify prices with 30 days notice to users
• Continued use after price changes constitutes acceptance

5. Acceptable Use Policy

5.1 You MUST:

• Use the Service in compliance with all applicable laws and regulations
• Respect the intellectual property rights of others
• Use the Service for legitimate real estate professional development
• Maintain professional standards in all interactions

5.2 You MUST NOT:

• Share your account with others
• Use the Service to violate fair housing laws or discriminate
• Record or distribute coaching sessions without permission
• Attempt to reverse engineer or copy our AI technology
• Use the Service for any illegal or unauthorized purpose
• Impersonate others or provide false information
• Use the Service to harass, abuse, or harm others
• Upload viruses or malicious code
• Attempt to gain unauthorized access to our systems
• Use the Service to violate real estate laws or regulations
• Scrape, data mine, or use bots to access the Service
• Resell or commercially redistribute the Service

6. Intellectual Property Rights

6.1 Our Property

The Pocket Coach and its original content, features, and functionality are owned by Pocket Coach AI LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes but is not limited to:

• The AI coaching system and algorithms
• Voice processing technology
• Coaching content and scenarios
• User interface and experience design
• Branding, logos, and trademarks

6.2 Your Content

You retain all rights to content you create within the Service, including:

• Notes and action items
• Custom scenarios you develop
• Personal goals and tracking data

By using the Service, you grant us a limited, non-exclusive license to use your content solely for providing and improving the Service.

6.3 Feedback

Any feedback, suggestions, or improvements you provide become our property and may be used without compensation or attribution.

7. AI Coaching Disclaimers

7.1 Nature of AI Coaching

You understand and agree that:

• AI responses are generated algorithmically and may not always be accurate
• The AI coach is not a human and cannot replace human judgment
• Coaching suggestions should be evaluated based on your specific situation
• The Service does not have access to complete market or transaction data

7.2 No Professional Advice

The Service does NOT provide:

• Legal advice or legal document preparation
• Tax or financial planning advice
• Specific transaction guidance
• Compliance determinations for specific situations
• Medical or psychological counseling

Always consult appropriate professionals for specific advice.

7.3 Real Estate Compliance

You are solely responsible for ensuring your real estate practice complies with:

• Federal, state, and local real estate laws
• Fair housing regulations
• Your real estate license requirements
• Your brokerage's policies and procedures
• MLS rules and regulations
• RESPA, TRID, and other applicable regulations

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• WE SHALL NOT BE LIABLE FOR ERRORS OR OMISSIONS IN COACHING CONTENT

8.3 Exceptions

Some jurisdictions do not allow limitation of implied warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pocket Coach AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any content you create or share through the Service
• Your real estate practice or business activities

10. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

Key points:

• We do NOT use your data to train AI models
• We do NOT sell your data to third parties
• Your coaching sessions remain confidential
• You can request deletion of your data at any time

11. Modifications to Service and Terms

11.1 Service Changes

We reserve the right to:

• Modify or discontinue features at any time
• Add new features or functionality
• Change system requirements
• Modify coaching content and scenarios

11.2 Terms Updates

We may update these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on our website
• Sending an email notification
• Requiring acceptance upon next login

Continued use after changes constitutes acceptance of the new Terms.

12. Termination

12.1 Your Right to Cancel

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

12.2 Our Right to Terminate

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay subscription fees
• Use the Service in a way that could harm us or other users

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• You remain liable for any outstanding fees
• We may delete your data after 30 days
• Provisions that should survive termination will remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@thepocketcoach.ai.

13.2 Arbitration Agreement

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration shall be conducted in Delaware.

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.

13.4 Exceptions

This arbitration agreement does not apply to disputes relating to intellectual property rights or claims that qualify for small claims court.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and The Pocket Coach regarding the Service and supersede all prior agreements.

14.2 Governing Law

These Terms shall be governed by the laws of Delaware, United States, without regard to conflict of law provisions.

14.3 Severability

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

14.4 Waiver

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

14.5 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any successor or acquirer.

14.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, labor disputes, or failure of technology.

15. Beta Features and Testing

From time to time, we may offer beta features or experimental functionality. Such features:

• Are provided "as is" without any warranties
• May be discontinued at any time
• May have bugs or errors
• Should not be relied upon for critical business decisions
• May require separate terms or agreements

16. Export Compliance

You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not on any U.S. government list of prohibited or restricted parties.

17. Contact Information

For questions about these Terms of Service, please contact us at:

18. Acknowledgment