Terms and Conditions of Service

1. Agreement to Terms

These Terms of Service (“Terms”) form a binding agreement between you (an individual or the entity you represent, “you”) and Speak Wise Interview Coaching (“Company,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, and consulting/coaching offerings and related content, materials, and communications (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Services.

We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date and may provide additional notice as required by law. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Arbitration Notice & Class Action Waiver: Except for certain disputes described in Section 17, disputes between you and us are resolved by binding, individual arbitration. You waive your right to a jury trial and to participate in a class action. See Section 17.

​

2. Eligibility & Accounts

You must be at least 18 years old and have capacity to contract. 

​

3. Services & Advice Limits

Our Services provide consulting and coaching, including interview and career guidance. We do not provide legal, tax, investment, medical, therapeutic, or other licensed professional advice. You are solely responsible for your decisions and outcomes. We do not guarantee employment, admissions, promotions, or other results.

 

4. Intake; Client Cooperation

We may require completion of an intake form and supporting materials before providing Services. You agree to cooperate reasonably, provide accurate information, and timely respond to requests. We may rely on the information you provide without independent verification.

​

5. Scheduling; Cancellations; No-Show

Scheduling is subject to availability. Unless otherwise stated in an applicable order or confirmation:

• Rescheduling: You may reschedule a session once, at least 24 hours before the start time, subject to availability.

• Late Arrivals: Time lost due to late arrival may not be made up.

• No-Shows / Late Cancellations: Missed sessions or cancellations within 24 hours are treated as delivered and are non-refundable

​

6. Fees, Taxes, and Payment

Fees are as quoted at purchase or in a written order. You authorize us (and our payment processors) to charge your selected payment method for all amounts due, including applicable taxes. 

We may correct pricing errors even after requesting or receiving payment. If a charge is reversed or disputed (e.g., chargeback), you remain responsible for the underlying amount and any reasonable collection costs.

 

7. Refunds & Guarantees

All sales are final; fees are non-refundable unless we state otherwise in writing or as required by law. Because outcomes depend on numerous factors beyond our control, no specific results are guaranteed.

​

8. Intellectual Property

All materials we provide or make available through the Services, including but not limited to text, graphics, audio/video, documentation, templates, and logos (the “Company Content”), are owned by or licensed to us and are protected by U.S. and international laws. Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and Company Content for your personal or internal business purposes. You may not copy, modify, distribute, sell, or create derivative works of Company Content except as expressly permitted by us in writing.

​

9. Client Materials & Session Recordings

You may provide documents, resumes/CVs, statements, recordings, and other materials (“Client Materials”). You retain ownership of Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display Client Materials solely to provide and improve the Services. If sessions are recorded, we will obtain your consent where required by law; we may use recordings for quality assurance and training unless you withdraw consent (prospectively) by written notice. We will not publicly disclose your personally identifiable information in any testimonial or marketing material without your consent.

​

10. Confidentiality

Each party may receive Confidential Information of the other. The receiving party will use such information only to perform its obligations or exercise its rights under this Agreement and will not disclose it to third parties except to its personnel and contractors who need to know it and are bound by obligations no less protective. Confidentiality does not apply to information that is public, independently developed, or lawfully obtained without restriction. We may disclose information if required by law or governmental request, after reasonable notice to you where legally permitted.

​

11. Prohibited Conduct

You agree not to: (a) use the Services unlawfully; (b) decompile, reverse engineer, or circumvent security; (c) engage in harassment, abuse, or infringement; (d) upload malicious code; or (e) use the Services to build a competing product or service.

​

12. Third-Party Services

The Services may reference or integrate third-party websites, tools, or payment processors. We are not responsible for third-party services and your use of them may be subject to their terms and privacy policies.

​

13. Privacy

We collect the information you provide to us to process orders and payments, respond to inquiries, analyze and improve our site, and provide Services. We do not intentionally collect sensitive personal information. 

• Payments are processed by a third-party payment processor. Your card details are transmitted directly to the processor and handled under PCI-DSS standards; we do not store full payment card numbers on our systems. 

• We also use cookies and similar technologies to keep the site functioning and to understand usage; you can control cookies through your browser settings but disabling them may affect site features. 

• We only share personal information with service providers that support our operations (such as hosting, analytics, and payment processing) under contracts that restrict their use of the data to our instructions. 

• We do not sell personal information and do not share it for cross-context behavioral advertising. 

• We retain contact, transaction, and related records for five (5) years, or longer if required by law or to resolve disputes. 

• If you are a California resident, you may have rights under the CCPA/CPRA, including the right to know/access, correct, and delete your personal information, subject to verification and applicable exceptions. To exercise these rights, please contact us at privacy@example.com. You may authorize an agent to submit a request on your behalf, and we will respond within the timeframes required by law. 

• Our site may link to third-party websites or services; their privacy practices are governed by their own policies. 

We use reasonable administrative, technical, and physical safeguards (including encryption in transit and limited access) to protect personal information; however, no method of transmission or storage is completely secure and therefore you use the Services at your own risk. We may update this policy from time to time and will post the revised version with an updated effective date.

​

14. DMCA / Copyright Complaints

We respect intellectual property rights. If you believe content in the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. §512(c)(3) (including your signature, identification of the work and the infringing material, contact information, a statement of good-faith belief, and a statement under penalty of perjury of accuracy and authorization) to our Designated Agent listed in Section 20. We may remove content and terminate repeat infringers in appropriate circumstances. Counter-notifications may be submitted pursuant to 17 U.S.C. §512(g).

​

15. Modifications; Suspension; Termination

We may modify or discontinue any aspect of the Services at any time. We may suspend or terminate your access immediately for violation of this Agreement, suspected fraud or misuse, legal requirement, or non-payment. Sections that by their nature should survive (including 3, 5–10, 13–21) shall survive termination.

​

16. Disclaimers

The services and company content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the services will be uninterrupted or error-free or that outcomes will meet your expectations.

​

17. Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution. Before initiating arbitration, the complainant must first send a written notice of the dispute describing the claim and requested relief to the other party. The parties will attempt in good faith to resolve the dispute within 30 days.

Binding Arbitration. If not resolved, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. The Federal Arbitration Act (FAA)governs the interpretation and enforcement of this arbitration provision. The arbitration will be conducted by a single arbitrator. Unless the AAA rules require otherwise, the hearing will occur in Orange County California, or by video/telephone at the arbitrator’s discretion.

Class & Jury Waiver. Arbitration will be conducted only on an individual basis; class arbitrations and class/representative actions are not permitted. You and we waive any right to a jury trial.

Small Claims; Injunctive Relief. Either party may bring an individual claim in small claims court in the county of your residence or in Dover, Delaware. Either party may seek temporary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property pending arbitration.

Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by sending a written opt-out notice to the contact in Section 20. Your opt-out will not affect other Terms.

Time Limit to File. Any claim must be filed within one (1) year after it arose, or be permanently barred, to the maximum extent permitted by law.

​

18. Limitation of Liability

To the fullest extent permitted by law, in no event will we or our directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to the services or this agreement, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to the services or this agreement will not exceed the amount you paid to us for the services giving rise to the claim in the three (3) months preceding the event giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

​

19. Indemnification

You will defend, indemnify, and hold us harmless from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Services; (b) your violation of this Agreement; or (c) your infringement or misappropriation of any third-party right.

 

20. Notices & Contact Information

We may provide notices by email, in-app message, or by mail. You agree that electronic communications satisfy any legal communication requirements.
DMCA/Legal Notices & Arbitration Opt-Out: Please use the contact details published on our website or any “Contact Us” page within the Services and include “Legal Notice” in the subject line.

​

21. Governing Law; Venue

This Agreement is governed by the laws of the State of California, excluding its conflict-of-law rules, and by applicable U.S. federal law (including the Federal Arbitration Act). The exclusive jurisdiction and venue for any action not subject to arbitration will be the state and federal courts located in Orange County, California, and each party consents to the personal jurisdiction of those courts. Nothing in this Section limits any non-waivable rights under California law.

​

22. Miscellaneous

• Assignment. You may not assign this Agreement without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

• Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

• Severability; Waiver. If any provision is unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver.

• Entire Agreement. These Terms (and any addenda, order forms, or policies referenced herein) are the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements on the subject.

• Headings. Headings are for convenience only and do not affect interpretation.