Terms of Service

1. Agreement

Welcome to FieldMind, a product of The Sales Identity ("The Sales Identity," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of FieldMind, our websites, applications, software, artificial intelligence services, behavioral intelligence systems, simulations, analytics, and related products and services (collectively, the "Service").

By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you may not access or use the Service.

PLEASE READ SECTION 21 CAREFULLY. IT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

If you use the Service on behalf of an employer, company, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" refers to both you and that organization.

FieldMind is an AI-powered sales practice, coaching, simulation, and behavioral intelligence platform designed to help users improve sales conversations and communication skills. The Service is intended solely for training and professional development purposes and does not constitute legal, financial, employment, regulatory, or other professional advice. You should not rely on the Service as a substitute for independent professional judgment or legal compliance obligations.

2. Eligibility

You represent and warrant that:

• You are at least eighteen (18) years old and legally capable of entering into a binding agreement.
• All information you provide is accurate, current, and complete.
• You will promptly update your account information if it changes.
• You have all rights, permissions, and consents necessary to upload, submit, or record any content used within the Service.
• You are not barred from using the Service under any applicable law, sanction, or prior suspension or termination by The Sales Identity.

The Service is not directed to individuals under eighteen (18) years of age, and we do not knowingly collect information from minors.

3. Accounts and Security

You are responsible for safeguarding your account credentials and for all activity occurring under your account, whether or not authorized by you.

You agree to (a) use a strong, unique password; (b) not share your credentials or allow another person to access the Service through your account; and (c) notify us immediately at legal@thesalesidentity.com of any unauthorized access, suspected compromise, or security incident involving your account.

We reserve the right to suspend, restrict, or terminate any account when reasonably necessary to protect users, maintain security, comply with law, or enforce these Terms.

4. Subscriptions, Payment, and Billing

4.1 Fees. Certain portions of the Service require payment of fees. Applicable fees, subscription tiers, and billing intervals are described at the point of purchase or on our pricing page. All fees are stated in U.S. dollars unless otherwise indicated.

4.2 Automatic Renewal. UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RATE. You may cancel at any time through your account settings or by contacting us; cancellation takes effect at the end of the current billing period.

4.3 Free Trials. We may offer free trials or promotional access. Unless you cancel before the trial ends, your subscription will begin automatically and your payment method will be charged. We may modify or terminate trial offers at any time.

4.4 Price Changes. We may change subscription fees upon reasonable advance notice. Price changes take effect at the start of your next billing period. Your continued use of the Service after a price change takes effect constitutes acceptance of the new price. If you do not agree, you may cancel before the change takes effect.

4.5 Refunds. Except where required by applicable law, all payments are non-refundable and there are no refunds or credits for partial billing periods, unused sessions, or downgrades.

4.6 Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, withholding, and similar taxes, other than taxes on our net income.

4.7 Payment Processing. Payments are processed by third-party payment processors. We do not store full payment card numbers. Your use of a payment processor may be subject to that processor's terms.

4.8 Failure to Pay. We may suspend or terminate access to paid features for accounts with overdue balances after reasonable notice.

4.9 Organizational Billing. If your access is purchased by an employer or organization, billing terms in the applicable ordering document or master agreement between The Sales Identity and that organization govern payment and, in the event of conflict, control over this Section 4.

5. Acceptable Use

You agree that you will not:

• Violate any applicable law or regulation.
• Infringe the rights of another person.
• Upload or record communications without all legally required notice and consent.
• Submit confidential, proprietary, regulated, or sensitive information without authorization.
• Upload protected health information, payment card information, government-issued identification numbers, biometric identifiers of third parties, or similar regulated information unless expressly supported by the Service and permitted by applicable law.
• Harass, threaten, discriminate against, impersonate, or deceive another person.
• Commit fraud or facilitate unlawful conduct.
• Reverse engineer, decompile, disassemble, copy, scrape, extract, reproduce, or attempt to discover our software, models, prompts, behavioral methodologies, scoring systems, weighting logic, or proprietary technology, except to the extent such restriction is prohibited by applicable law.
• Use automated means (including bots, scrapers, or crawlers) to access the Service or extract data, or conduct systematic queries designed to reconstruct our scoring systems, behavioral models, or underlying methodologies.
• Circumvent security features, usage limits, or access controls, or interfere with the operation of the Service.
• Introduce malware, viruses, or malicious code.
• Use the Service, or any output of the Service, to develop, train, benchmark, or improve a competing product or service.
• Misrepresent AI-generated content as verified fact or as human-generated.
• Use AI-generated outputs as the sole basis for employment, legal, financial, insurance, housing, healthcare, or other decisions with legal or similarly significant effects on any individual.
• Resell, sublicense, rent, lease, or provide the Service to third parties except as expressly permitted in writing by The Sales Identity.

We may investigate suspected violations and cooperate with law enforcement where appropriate.

6. Voice Recording, Consent, and Biometric Data

6.1 Voice Processing. FieldMind processes voice audio, conversation recordings, transcripts, and related behavioral information in order to run practice simulations, generate coaching, and produce behavioral scoring.

6.2 No Biometric Identification. The Service processes voice audio for the purpose of speech recognition, conversation simulation, and behavioral analysis of what is said and how a conversation is conducted. The Service is not designed to, and The Sales Identity does not, create voiceprints or use voice audio to biometrically identify or authenticate individuals. If we introduce any feature in the future that uses biometric identifiers as defined by applicable law, we will provide the notices and obtain the written consents required by such law (including, where applicable, the Illinois Biometric Information Privacy Act and similar statutes) before doing so.

6.3 Your Consent. By using voice features of the Service, you consent to the recording, processing, transcription, and analysis of your own voice as described in these Terms and the Privacy Policy.

6.4 Third-Party Recordings. You represent and warrant that you have obtained every notice, authorization, and consent required by applicable law before recording, uploading, or submitting communications involving any other person. You are solely responsible for complying with all applicable privacy, employment, wiretap, recording, and consent laws, including all-party consent laws where applicable.

6.5 Restricted Content. Unless authorized by your organization and permitted by law, you may not upload real customer conversations, confidential business communications, or proprietary third-party information.

7. User Content

You retain ownership of the content you submit to the Service ("User Content").

You are solely responsible for your User Content, including its legality, accuracy, reliability, and appropriateness.

You represent and warrant that you possess all rights necessary to submit your User Content and to grant the licenses described in these Terms, and that your User Content does not violate any law or the rights of any person.

We do not pre-screen User Content but may remove or restrict access to any User Content that we reasonably believe violates these Terms or applicable law.

8. License Granted by You

By submitting User Content to the Service, including voice recordings, transcripts, prompts, responses, notes, documents, metadata, and other materials, you grant The Sales Identity a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, process, analyze, index, transmit, display, and otherwise use such content as reasonably necessary to operate, secure, maintain, improve, test, develop, and provide the Service, all subject to applicable law and our Privacy Policy.

This license also permits The Sales Identity to (a) create derivative works as reasonably necessary to provide and improve the Service, and (b) generate aggregate, de-identified, or anonymized information as described in Section 9.

This license survives termination of your account solely with respect to (i) copies retained in routine backups for the duration of our standard retention schedule, (ii) aggregate, de-identified, or anonymized information that no longer identifies you, and (iii) content we are required to retain by law.

9. Data Rights and Product Improvement

IMPORTANT DATA RIGHTS PROVISION

9.1 Data We Process. Subject to applicable law and our Privacy Policy, The Sales Identity may collect, receive, generate, derive, infer, process, combine, store, analyze, and use:

• Voice recordings and conversation audio
• Practice session recordings
• Transcripts
• Prompts and user responses
• Session metadata
• Product interaction data
• Performance information
• Behavioral observations
• Derived behavioral scores
• Coaching outputs
• Sales Identity profiles
• Practice history
• Usage analytics
• Technical diagnostic information

9.2 How We Use It. We may use this information to:

• Operate and maintain the Service
• Authenticate users
• Generate simulations and coaching
• Produce behavioral scoring and Sales Identity profiles
• Improve product quality and simulation realism
• Improve behavioral scoring methodologies and coaching systems
• Detect abuse, fraud, and security threats
• Diagnose technical issues
• Develop new products and features
• Conduct analytics and research
• Evaluate product performance
• Train, test, validate, evaluate, fine-tune, and improve our internal behavioral intelligence systems, algorithms, machine learning models, and artificial intelligence technologies, where permitted by applicable law

9.3 Aggregate and De-Identified Data. We may create, retain, use, publish, license, and commercialize aggregate, de-identified, or anonymized datasets, behavioral benchmarks, statistical analyses, behavioral models, and industry insights, provided such information can no longer reasonably be used to identify an individual. We commit not to attempt to re-identify de-identified data except as necessary to test the effectiveness of our de-identification processes.

9.4 Derived Intellectual Property. Behavioral scoring systems, scoring outputs, Sales Identity profiles, behavioral archetypes, coaching methodologies, derived analytics, benchmarks, classifications, evaluation frameworks, predictive models, and all other derivative intellectual property created by or through the Service are owned by, and remain the exclusive intellectual property of, The Sales Identity, except to the extent such ownership is prohibited by applicable law. Nothing in this Section transfers to The Sales Identity ownership of your underlying User Content. For the avoidance of doubt, nothing in these Terms grants any user ownership of The Sales Identity's behavioral methodologies, scoring algorithms, machine learning models, weighting systems, simulation logic, evaluation frameworks, or other proprietary technology, whether developed before or after your use of the Service.

9.5 Third-Party AI Providers. The Service is built in part on third-party artificial intelligence infrastructure. Unless separately disclosed, our processing of your content through the Service does not by itself authorize third-party artificial intelligence providers to train their publicly available foundation models on your content. The Sales Identity may use submitted content and derived information to improve its own products, behavioral systems, analytics, and internal technologies as described in these Terms and the Privacy Policy. Third-party service providers process content only as necessary to provide services to The Sales Identity and in accordance with applicable agreements and our Privacy Policy.

10. Organizational Accounts and Employment Decisions

10.1 Administration. If your account is provided by an employer or organization ("Organizational Customer"), that Organizational Customer may administer your account, manage access, retain organization-generated content, and access reports and scores consistent with its agreement with The Sales Identity and applicable law. Your Organizational Customer's privacy practices govern its handling of data it accesses; The Sales Identity is not responsible for an Organizational Customer's internal use of reports.

10.2 Restrictions on Employment Use. Organizational Customers agree that the Service is a training and development tool. Organizational Customers shall not:

• Use behavioral scores, Sales Identity profiles, or other Service outputs as the sole or determinative basis for any hiring, promotion, compensation, discipline, or termination decision;
• Use the Service as an "automated employment decision tool" or similar regulated system without independently complying with all applicable laws governing such tools, including any required notices, disclosures, bias audits, impact assessments, and opt-out or appeal rights (including, where applicable, New York City Local Law 144, the Colorado Artificial Intelligence Act, the Illinois AI Video Interview Act, and analogous laws);
• Represent to any employee, candidate, or regulator that Service outputs are validated predictors of job performance unless supported by an independent validation study.

10.3 Responsibility. As between the parties, the Organizational Customer is solely responsible for its employment decisions and for its compliance with employment, anti-discrimination, and AI-governance laws in connection with its use of the Service. The Organizational Customer will indemnify The Sales Identity for claims arising from the Organizational Customer's employment-related use of Service outputs in violation of this Section.

11. Artificial Intelligence Outputs

The Service uses artificial intelligence to generate simulations, coaching, analyses, scores, and recommendations.

Artificial intelligence outputs may be inaccurate, incomplete, biased, outdated, or inappropriate, and may vary between sessions even for similar inputs.

Behavioral scores, recommendations, coaching feedback, reports, simulations, and Sales Identity profiles are informational estimates only. They are not guarantees or validated predictions of sales performance, employment outcomes, customer behavior, regulatory compliance, or business success.

You remain solely responsible for your decisions and actions. You agree to exercise independent judgment before relying on any output of the Service.

12. Feedback

If you provide suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), you grant The Sales Identity a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, modify, and incorporate that Feedback for any purpose without compensation, attribution, or obligation to you. Feedback is provided voluntarily and is not confidential.

13. Intellectual Property

Except for your User Content, all rights, title, and interest in and to the Service, including software, source code, interfaces, algorithms, prompts, behavioral methodologies, scoring systems, weighting and probability systems, analytics, documentation, trademarks (including "The Sales Identity" and "FieldMind"), branding, graphics, report formats, and generated behavioral frameworks, are owned exclusively by The Sales Identity or its licensors and are protected by intellectual property and trade secret laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal training and development purposes in accordance with these Terms. No other rights are granted, whether by implication, estoppel, or otherwise. No ownership rights are transferred to you. All rights not expressly granted to you under these Terms are reserved by The Sales Identity and its licensors.

If you believe content on the Service infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512 to legal@thesalesidentity.com.

14. Third-Party Services

The Service depends on third-party services, including cloud hosting, AI model providers, and payment processors. We are not responsible for the acts, omissions, availability, or terms of third-party services. Features that rely on third parties may change or become unavailable if the underlying third-party service changes.

15. Beta Features

We may offer features identified as alpha, beta, preview, early access, or similar ("Beta Features"). Beta Features are provided as-is, may be modified or discontinued at any time without notice, may be less reliable than generally available features, and are excluded from any availability or support commitments. Your use of Beta Features is at your own risk.

16. Availability

We may modify, suspend, discontinue, or remove any feature or portion of the Service at any time. We will use reasonable efforts to provide advance notice of material discontinuations affecting paid subscribers.

We are not liable for interruptions, maintenance, outages, delays, or discontinued functionality.

17. Termination; Effect of Termination

17.1 By You. You may stop using the Service and close your account at any time through your account settings or by contacting us.

17.2 By Us. We may suspend or terminate your account immediately if we reasonably believe you have violated these Terms, created legal or security risks, engaged in fraudulent or abusive conduct, failed to pay applicable fees, or otherwise misused the Service.

17.3 Effect of Termination. Upon termination: (a) your license to use the Service ends immediately; (b) for a period of thirty (30) days following termination (except termination for violation of law or serious abuse), you may request an export of your available practice history and scores in a reasonable format; (c) we will thereafter delete or de-identify your personal information in accordance with our Privacy Policy and standard retention schedules, except as retention is required by law, needed to resolve disputes, or permitted for aggregate, de-identified, or anonymized data under Section 9.

17.4 No Limitation. Termination does not limit any rights or remedies available to The Sales Identity, including the right to collect fees accrued before termination.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY SCORE, SIMULATION, OR COACHING OUTPUT IS ACCURATE, VALIDATED, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALES IDENTITY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE SALES IDENTITY DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless The Sales Identity and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, judgments, settlements, costs, and reasonable attorneys' fees arising out of or relating to (a) your use of the Service; (b) your User Content, including any failure to obtain legally required recording consents; (c) your violation of these Terms; (d) your violation of applicable law or the rights of another person; or (e) for Organizational Customers, employment-related use of Service outputs as described in Section 10.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

21. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

21.1 Informal Resolution First. Before initiating any arbitration or permitted court proceeding, the parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after written notice describing the dispute is sent to legal@thesalesidentity.com (or, from us, to your account email).

21.2 Binding Arbitration. Except as provided in Sections 21.5 and 21.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules for Organizational Customers). The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration shall be conducted by a single arbitrator, in English, in Mecklenburg County, North Carolina, or remotely by videoconference at either party's election for consumer disputes. Judgment on the award may be entered in any court of competent jurisdiction.

21.3 Class Action and Jury Trial Waiver. YOU AND THE SALES IDENTITY EACH AGREE THAT ANY PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court under Section 21.7.

21.4 Opt-Out. You may opt out of this arbitration agreement by emailing legal@thesalesidentity.com within thirty (30) days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.

21.5 Small Claims. Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration.

21.6 Injunctive Relief. Nothing in this Section limits either party's right to seek temporary, preliminary, or permanent injunctive or equitable relief in court to protect intellectual property, confidential information, trade secrets, or other proprietary rights.

21.7 Governing Law and Venue. These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state courts of Mecklenburg County, North Carolina, or, where federal jurisdiction exists, the United States District Court for the Western District of North Carolina, and waive any objection based on venue, personal jurisdiction, or forum non conveniens.

21.8 Time Limit. To the extent permitted by law, any claim must be filed within one (1) year after the claim accrues or it is permanently barred.

22. Export Compliance

You agree not to use, export, re-export, or permit access to the Service in violation of United States export control laws, sanctions administered by OFAC, or other applicable international trade laws. You represent that you are not located in, or a resident or national of, any embargoed jurisdiction and are not on any restricted party list.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email, in-product notification, or by posting the updated Terms with a revised effective date at least fifteen (15) days before the changes take effect, except that changes required by law or addressing new features may take effect immediately.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date. We may require affirmative re-acceptance for material changes. Your accepted version and acceptance timestamp may be retained as evidence of your consent.

24. General

24.1 Survival. Sections 8 (license), 9 (Data Rights), 10.3, 12, 13, 17.3–17.4, 18, 19, 20, 21, and any payment obligations accrued before termination, together with any provisions that by their nature should survive, shall survive termination of these Terms.

24.2 Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

24.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

24.4 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

24.5 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

24.6 Entire Agreement. These Terms and the Privacy Policy constitute the complete and exclusive agreement between you and The Sales Identity regarding the Service and supersede all prior or contemporaneous agreements relating to the same subject matter. In the event of a conflict between these Terms and a signed agreement between The Sales Identity and an Organizational Customer, the signed agreement controls for that Organizational Customer.

24.7 Notices. We may provide notices to you via the email associated with your account or through the Service. Notices to us must be sent to legal@thesalesidentity.com.

24.8 Electronic Communications. By creating an account, you consent to receive communications from The Sales Identity electronically, including by email and through the Service. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

25. Contact

Questions regarding these Terms may be directed to [legal@thesalesidentity.com](mailto:legal@thesalesidentity.com). If this email address changes, the current contact information will be published on our website.