Terms of Service

1. Introduction and Acceptance

Welcome to Apex Sales Trainer. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and High Performance Ventures LLC, a Puerto Rico limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Apex Sales Trainer platform, including our website, applications, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

3. Description of Service

Apex Sales Trainer is an AI-powered sales training platform that provides:

• Voice-based sales roleplay simulations with AI-powered prospects
• AI chat coaching for sales strategy and preparation
• Performance scoring and feedback based on sales fundamentals
• Progress tracking, scorecards, and team leaderboards
• Custom scenario creation and persona libraries

The Service is provided for educational and training purposes. Results may vary based on individual effort, usage, and other factors outside our control.

4. Account Registration and Security

4.1 Account Creation: To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4.3 Account Restrictions: You may not share your account credentials with others, create multiple accounts for abusive purposes, or use another person's account without permission.

5. Subscription Plans, Billing, and Payments

5.1 Subscription Plans: The Service is offered through various subscription plans with different features, usage limits, and pricing. Details of available plans are provided on our pricing page and may be updated from time to time.

5.2 Trial Period: We may offer trial periods at reduced rates. At the end of any trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

5.3 Billing: By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, as selected). Charges are billed in advance for each billing period.

5.4 Price Changes: We reserve the right to change our prices at any time. Price changes will be communicated to you in advance and will take effect at the start of your next billing period.

5.5 Refunds: Payments are generally non-refundable except as expressly set forth in these Terms or as required by applicable law. If you are dissatisfied with the Service during your trial period, you may cancel for a full refund of the trial fee.

5.6 Usage-Based Charges: Certain plans include usage allowances (such as voice training minutes). Overages beyond included allowances will be charged at the rates specified in your plan.

6. Cancellation and Termination

6.1 Cancellation by You: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of your paid period.

6.2 Termination by Us: We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms or any applicable laws
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay fees when due
• Use the Service in a manner that could harm us or other users

6.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account and data in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination will survive.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated means (bots, scrapers, etc.) to access the Service without our express permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express permission
• Use the Service to transmit harmful code, viruses, or malicious software
• Harass, abuse, or harm another person or entity
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service to develop competing products or services
• Share, redistribute, or sublicense your access to the Service

8. Intellectual Property Rights

8.1 Our Intellectual Property: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by High Performance Ventures LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

8.3 Restrictions: You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our prior written consent.

8.4 Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

9. User Content and Data

9.1 Your Content: You retain ownership of any content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.

9.2 Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to your User Content.

9.3 AI Training: We may use anonymized and aggregated data from the Service to improve our AI models and services. We will not use your personally identifiable information or confidential business information for AI training without your explicit consent.

10. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those services.

11. Disclaimers

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

11.2 No Guarantee of Results: WE DO NOT WARRANT THAT THE SERVICE WILL PRODUCE ANY SPECIFIC RESULTS, IMPROVE YOUR SALES PERFORMANCE, OR MEET YOUR EXPECTATIONS. SALES RESULTS DEPEND ON MANY FACTORS BEYOND THE SCOPE OF THIS SERVICE.

11.3 Availability: WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

11.4 AI Limitations: THE AI-POWERED FEATURES OF THE SERVICE ARE PROVIDED FOR TRAINING AND EDUCATIONAL PURPOSES. AI RESPONSES MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR APPROPRIATE FOR EVERY SITUATION. YOU SHOULD USE YOUR OWN JUDGMENT IN APPLYING ANY TECHNIQUES LEARNED THROUGH THE SERVICE.

12. Limitation of Liability

12.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGH PERFORMANCE VENTURES LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12.3 Basis of the Bargain: THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

13. Indemnification

You agree to indemnify, defend, and hold harmless High Performance Ventures LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your User Content
• Any claim that your use of the Service caused damage to a third party

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law principles.

14.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Juan, Puerto Rico, and shall be conducted in English.

14.3 Class Action Waiver: YOU AND HIGH PERFORMANCE VENTURES LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. General Provisions

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service.

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

15.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15.6 Notices: We may provide notices to you via email, through the Service, or by other means. You may provide notices to us at the contact information below.

16. International Users

16.1 Global Access: The Service is operated from Puerto Rico, USA. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws to the extent they apply.

16.2 Local Consumer Rights: Nothing in these Terms shall limit or exclude any rights you may have under the mandatory consumer protection laws of your country of residence that cannot be waived or limited by contract. If any provision of these Terms conflicts with mandatory local laws, the local laws shall prevail to the extent of the conflict, but the remainder of these Terms shall continue to apply.

16.3 Regional Provisions: The following provisions apply to users in specific regions:

• United Arab Emirates: If you are a resident of the UAE, you acknowledge that your use of the Service is subject to UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection. You have rights under this law that cannot be waived, including rights related to data access, correction, and deletion. Our processing of your data is conducted with your consent, which you provide by using the Service.
• Sri Lanka: If you are a resident of Sri Lanka, you acknowledge that your use of the Service is subject to the Personal Data Protection Act No. 9 of 2022. You retain all rights granted under this law, including rights related to data processing transparency and automated decision-making.
• European Economic Area, UK, and Switzerland: If you are located in the EEA, UK, or Switzerland, you have rights under the General Data Protection Regulation (GDPR) or equivalent local laws, including the right to access, rectify, port, and erase your data. Our legal basis for processing is your consent and contractual necessity.

16.4 Alternative Dispute Resolution: For users outside the United States, if arbitration in Puerto Rico is not enforceable in your jurisdiction, disputes may be resolved in the competent courts of your country of residence, applying the mandatory consumer protection laws of that jurisdiction while giving effect to these Terms to the maximum extent permitted.

17. Voice Recording and AI Processing Consent

17.1 Explicit Consent: By using the voice roleplay features of the Service, you explicitly consent to the recording, processing, and analysis of your voice for the purpose of providing AI-powered sales training, feedback, and scoring.

17.2 How Voice Data is Processed: When you engage in voice practice sessions:

• Your voice is captured and transmitted to our AI systems in real-time
• Your speech is transcribed to text for analysis
• AI models analyze your responses to generate feedback and scores
• Voice data is processed in real-time and is not permanently stored unless you choose to save a session

17.3 Withdrawal of Consent: You may withdraw your consent to voice processing at any time by discontinuing use of the voice features. Withdrawal of consent does not affect the lawfulness of processing conducted prior to withdrawal.

17.4 Text-Only Alternative: If you do not wish to use voice features, you may use the text-based chat coaching features of the Service, which do not require voice recording.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes taking effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

19. Contact Information

If you have any questions about these Terms, please contact us at: