Terms of Service

In short

• One subscription covers one salesperson and renews each month until you cancel.
• You must have the legally required consent before you submit a call.
• Reports are AI coaching feedback. They are not a promise of any sales result.

The service

Coached2Sell lets you upload a sales-call recording or transcript and receive a coaching report. Reports are generated by artificial intelligence (currently xAI's Grok, model grok-4.6) using our Baseline Selling coaching methodology, and our team may review them. AI output can be inaccurate, incomplete, or can misattribute who said what. Use your own judgment. Reports are coaching feedback only. They are not legal, HR, compliance, or employment advice, and they are not a promise or guarantee of any sales result, revenue, or performance. Do not rely on a report as the sole basis for decisions about any individual's employment.

Subscriptions and automatic renewal

A Coached2Sell subscription covers one named salesperson. It is not a team or shared license.

Your subscription renews automatically each month at the price in effect when you subscribed, $250 / salesperson / month, until you cancel. As long as you stay continuously subscribed, we will not raise the per-salesperson price on your existing subscription. If you cancel, or your subscription ends for non-payment, and you subscribe again later, the price in effect at that time applies. Taxes, if any, are extra. You can cancel at any time from your dashboard (Manage billing), or by emailing support, and cancellation takes effect at the end of your current paid period.

Payments are processed by Stripe. We do not store your card number.

How to cancel

You can cancel online at any time from your dashboard (Manage billing), or by emailing support@baselineselling.com. When you cancel, your subscription stays active, and you can keep uploading calls, until the end of the billing period you've already paid for. It won't renew after that. If a payment fails, new uploads pause until the payment goes through. Your past submissions and coaching reports stay in your account after your subscription ends. Except as stated in "Refunds," fees already paid are non-refundable, except where required by law.

Refunds

Not thrilled with your first paid coaching report? Tell us within 14 days of your first charge for a full refund of your first month. This refund is available once per salesperson. Email support@baselineselling.com to ask. Except for that refund, and except where required by law, fees already paid are non-refundable.

Accounts

You provide an email and a password of at least 8 characters. You are responsible for activity under your sign-in. Sample signup creates an account with one unused credit. Paid signup emails a one-time link to set a password. That link expires after 24 hours.

Free trial and sample credit

You can try the service with a free trial or a sample credit, subject to daily limits (currently up to 3 free trial submissions per day per email address and network, and 1 sample-credit upload per day per account). We may change these limits. Further uploads require a subscription for that salesperson.

Your responsibilities for calls you submit

You represent and warrant that for every recording and transcript you submit: (a) you obtained every consent, and gave every notice, required by applicable law to record the call and to share it with us and our service providers for the purposes described in our Privacy Policy, including the consent of all parties where state law requires it (for example, California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington); (b) your submission does not violate any contract, confidentiality duty, or employer policy; and (c) you have all rights needed to grant the license in "Your content."

Integrations

(a) Optional and at your direction. The webhook feature is optional and off by default. When you turn it on and enter a destination URL, you instruct and authorize us to send coaching report data to that URL each time a report is generated. (b) Third-party services. Webhook destinations and any services they connect to, such as Zapier, Make, or a CRM, are third-party services. We do not control, endorse, or take responsibility for them. Your use of them is governed by your agreements with their providers. (c) Your responsibilities. You are responsible for (i) the accuracy and security of the URL you enter and of any signing secret we provide, (ii) making sure you have the right to send the data to that destination, including giving any notice to, or getting any consent from, your salespeople and other individuals that applicable law requires, and (iii) how the data is used once it is delivered. Keep your signing secret confidential and verify webhook signatures. If you believe the secret has been exposed, rotate it right away. (d) Best-effort delivery. Webhook delivery is provided "as is" on a best-effort basis. We do not guarantee that any delivery will be timely, complete, in order, or successful, and we may retry, delay, or stop deliveries, for example if the destination returns errors. The coaching report in your account remains the authoritative record. We are not liable for any loss caused by a failed, delayed, duplicated, or misdirected delivery, or by anything a third-party service does with the data. (e) Turning it off. You can turn the webhook off or change the URL at any time in your account settings. We may suspend the feature if a destination appears insecure, abusive, or unreachable, or if we need to do so to protect the service or other users. (f) This section is subject to the limitation of liability and disclaimer sections of these Terms.

Inbound integrations (e.g., Fathom). (a) If you connect a third-party service that sends calls to us automatically, you authorize us to receive and store that content in your account. (b) Your recording-consent and data-rights obligations under these Terms apply to every call imported this way, just as they apply to calls you upload. Turning on automatic import is your confirmation that you'll meet those obligations for every imported call you don't delete. (c) Keep your webhook URL and secret confidential. You're responsible for imports made with them until you rotate them or disconnect. (d) Imports are provided on a best-effort basis; we don't guarantee that every recording will arrive. (e) We may delete pending imports as described in the Privacy Policy. We may also suspend an integration if we detect abuse or a security problem.

Acceptable use

You will not: submit calls recorded without legally required consent; submit protected health information, payment card numbers, Social Security numbers, or other sensitive government identifiers (redact them if they come up on a call); submit content that is unlawful, defamatory, or infringes others' rights; try to access another user's account or reports; probe, scrape, reverse-engineer, overload, or interfere with the service; use the service or its reports to build a competing product or to train AI models; resell or share access beyond the one salesperson covered by your subscription; or use the service in violation of any law. We may remove content, or suspend or terminate accounts, that we reasonably believe violate these Terms.

Your content

You keep ownership of the recordings, transcripts, and notes you submit ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, transcribe, process, analyze, and transmit Your Content, including through our service providers, only as needed to provide, secure, and support the service for you. We will not use Your Content to train third-party AI models. Subject to these Terms and payment of fees, you may use your coaching reports for your own internal coaching and training purposes.

We may use de-identified information derived from submissions, reports, and coaching summaries to improve our coaching methodology and the service. We do not use your content to train third-party AI models.

Our property

The service, software, coaching methodology, prompts, report formats, and the Coached2Sell™ and Baseline Selling names and logos are owned by David Kurlan & Associates, Inc. or its licensors and protected by law. Except for the limited rights in these Terms, we grant no rights in them. Coached2Sell™ is a trademark of David Kurlan & Associates, Inc..

If you send us suggestions, we may use them without obligation to you.

Indemnification

You will defend, indemnify, and hold harmless David Kurlan & Associates, Inc. and its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) content you submit, including any claim that a call was recorded or shared without required consent; (b) your breach of these Terms; or (c) your violation of any law or third-party right.

Disclaimer

THE SERVICE AND ALL REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TRANSCRIPTS OR REPORTS WILL BE ACCURATE OR COMPLETE, OR WILL PRODUCE ANY PARTICULAR SALES RESULT. This disclaimer does not limit a refund required by law or the refund described in "Refunds."

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER David Kurlan & Associates, Inc. NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SALES, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Termination

You may stop using the service and cancel at any time, as described in "How to cancel." We may suspend or terminate your access if you materially breach these Terms (including the recording-consent and acceptable-use rules), if your payment fails and is not fixed, or if we discontinue the service. If we discontinue the service for reasons other than your breach, we will refund any prepaid fees for the unused part of the current period. After termination, you can ask us for a copy or deletion of your content as described in the Privacy Policy. Sections that by their nature should survive (ownership, disclaimers, limitation of liability, indemnification, governing law) survive termination.

Governing law and venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Worcester County, Massachusetts, and both parties consent to their jurisdiction.

Dispute resolution

These Terms do not require arbitration, and they do not waive a jury trial or the right to participate in a class or representative action. Disputes are brought in the state or federal courts in Worcester County, Massachusetts, as described in "Governing law and venue."

Changes to these Terms

We may update these Terms. If a change is material, we will notify you by email or in the service at least 15 days before it takes effect. Continuing to use the service after the effective date means you accept the changes. If you do not agree, you may cancel before the change takes effect.

General

These Terms and the Privacy Policy are the entire agreement between us about the service. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to your account email; notices to us go to support@baselineselling.com and PO Box 986, Westboro, MA 01581.

Contact

Questions, access requests, and deletion requests: support@baselineselling.com, or write to David Kurlan & Associates, Inc., PO Box 986, Westboro, MA 01581. See the Privacy Policy for what is collected and how long it is kept.