Prospor — Terms of Service

Last updated: [DATE]

1. Acceptance of Terms

By creating an account, accessing, or using Prospor ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access or use the Service.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service.

3. Description of the Service

Prospor provides real-time, AI-generated coaching suggestions during live phone calls, using your device's microphone to transcribe conversation audio, together with related features including call history, contact management, and performance analytics.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

5. Subscription Plans & Billing

Prospor offers a free tier with limited monthly usage and paid "Pro" subscription plans billed monthly or annually. Paid subscriptions renew automatically at the then-current price until cancelled. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

6. Call Recording, Transcription & Consent — Please Read Carefully

6.1 How the Service works

Prospor uses your device's microphone to capture and transcribe audio from calls in progress, in order to generate real-time coaching suggestions. This necessarily means the Service processes the voices of everyone on the call, including people who are not Prospor users.

6.2 Recording and consent laws vary by state

Federal law and the laws of most U.S. states permit recording a call if at least one participant consents ("one-party consent"). A number of states — including but not limited to California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington — require that all parties to a call consent before it may be recorded ("all-party" or "two-party consent" states). Recording a call without the legally required consent may constitute a criminal offense and may expose the person recording to civil liability.

6.3 Your representations and warranties

By using the Service to participate in or facilitate any call, you represent and warrant that:

6.4 What Prospor does not do

Prospor is a tool that assists with a call already taking place. Prospor does not determine, verify, or guarantee that legally required consent has been obtained for any call. Responsibility for legal compliance rests with the user placing or facilitating the call.

6.5 Indemnification for misuse

You agree to indemnify, defend, and hold harmless Prospor and its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service in violation of applicable recording or consent laws, or your breach of the representations in Section 6.3.

7. Acceptable Use

You agree not to use the Service for any unlawful purpose, attempt to reverse-engineer the Service, share your account credentials, or use the Service to harass, defraud, or deceive any person.

8. Your Content

You retain ownership of call transcripts, notes, and contact information you generate using the Service. You grant Prospor a limited, non-exclusive license to process this content solely to provide and improve the Service.

9. Third-Party Services

The Service relies on third-party providers including Deepgram (transcription), Anthropic (AI coaching), Stripe (payments), and Supabase (data storage).

10. AI-Generated Content Disclaimer

THE SERVICE USES ARTIFICIAL INTELLIGENCE TO GENERATE COACHING SUGGESTIONS, WHICH MAY BE INACCURATE OR INCOMPLETE. PROSPOR DOES NOT GUARANTEE ANY PARTICULAR SALES OUTCOME. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING WHETHER TO FOLLOW ANY SUGGESTION.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

12. Limitation of Liability

⚠ PLACEHOLDER — standard boilerplate below, not yet confirmed by your attorney. Replace once she responds.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROSPOR'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO PROSPOR IN THE 12 MONTHS PRECEDING THE CLAIM. THIS LIMITATION DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATIONS OF APPLICABLE LAW THAT CANNOT BE LIMITED BY CONTRACT, INCLUDING RECORDING/WIRETAPPING STATUTES.

13. Termination

We may suspend or terminate your account for violation of these Terms. You may delete your account at any time.

14. Dispute Resolution

⚠ PLACEHOLDER — standard boilerplate below, not yet confirmed by your attorney. Replace once she responds.

Any dispute arising from these Terms or the Service will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court. YOU AND PROSPOR EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

15. Governing Law

⚠ PLACEHOLDER — standard boilerplate below, not yet confirmed by your attorney. Replace once she responds.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Venue for any permitted court proceeding lies in the state or federal courts located in New York.

16. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance.

17. Contact

[PLACEHOLDER — your business contact email/address]