These Terms of Service ("Terms") govern your access to and use of the services, websites, and software applications offered by RepCoach ("RepCoach", "we", "us", or "our"), including the website located at https://getrepcoach.com (and any successor URL), the RepCoach software-as-a-service platform, and related products and services (collectively, the "Service").
By accessing or using the Service, you ("you", "your", or "Customer") agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
These Terms incorporate by reference the Privacy Policy, the Call Recording Consent Policy, and any other policies referenced herein.
"AI Output" means any analysis, score, transcript, summary, coaching report, drill recommendation, or other output generated by the Service's artificial intelligence systems.
"Authorized User" means an individual employee, contractor, or agent of Customer who is authorized by Customer to access and use the Service on Customer's behalf.
"Customer Data" means any data, information, content, recordings, transcripts, files, or materials that Customer or its Authorized Users upload, submit, or otherwise provide to the Service.
"Documentation" means the user guides, technical documentation, and any other materials made available by RepCoach describing the operation and use of the Service.
"Intellectual Property Rights" means all patents, copyrights, trade secrets, trademarks, service marks, trade names, moral rights, and all other intellectual property rights, whether registered or unregistered.
"Subscription Term" means the period for which Customer has paid for access to the Service, beginning on the date Customer first activates a paid subscription and continuing for the term selected at checkout.
You accept these Terms by (a) creating an account on the Service, (b) clicking a button or checkbox indicating acceptance of these Terms, or (c) accessing or using any part of the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" and "Customer" in these Terms include that entity.
You must be at least 18 years old to use the Service. The Service is intended for use by businesses and their authorized employees and contractors. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you are under 18, you may not use the Service.
Customer is responsible for the acts and omissions of its Authorized Users. Customer shall ensure that each Authorized User complies with these Terms and shall be liable for any breach of these Terms by an Authorized User as if Customer had committed the breach itself.
RepCoach is a software-as-a-service platform that:
The Service does NOT:
The Service uses artificial intelligence systems that have inherent limitations. AI Output may contain errors, omissions, biases, hallucinations, or inaccuracies. Customer acknowledges and agrees that:
(a) Customer will independently review all AI Output before relying on it;
(b) Customer will not use AI Output as the sole basis for any employment decision, including hiring, firing, promotion, demotion, performance improvement plans, or compensation changes;
(c) Customer will conduct its own independent assessment of any rep, coaching insight, or recommendation generated by the Service;
(d) RepCoach makes no representation or warranty that any AI Output is accurate, complete, current, reliable, or fit for any particular purpose.
RepCoach may from time to time make features available on a "beta", "preview", or "early access" basis. Beta features are provided "as is" without any warranty, may be discontinued at any time, and may have additional usage limits or terms. Customer's use of beta features is voluntary.
Customer is responsible for:
Customer represents, warrants, and covenants that Customer's use of the Service will:
(a) Comply with all applicable federal, state, local, and international laws and regulations, including without limitation laws governing privacy, data protection, electronic communications, wiretapping, employment, advertising, and the regulation of Customer's industry;
(b) Not infringe any third party's intellectual property, privacy, publicity, or other rights;
(c) Not include any malware, viruses, or other malicious code;
(d) Not be used to harass, threaten, or harm any person.
This Section 4.3 is a material warranty. A breach of this Section is grounds for immediate suspension or termination of the Service without refund.
For each recording, transcript, or other communication-derived material that Customer or any Authorized User uploads to the Service, Customer represents and warrants that:
(a) Customer or the Authorized User who made the recording was a party to the conversation, or was authorized by a party to the conversation to make the recording;
(b) The recording was made in compliance with all applicable federal, state, and local laws, including without limitation:
(c) For each participant in the conversation who was located in a two-party-consent jurisdiction at the time of the call, that participant was given clear notice of the recording and either expressly or impliedly consented to the recording;
(d) The recording does not contain Protected Health Information as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), 45 C.F.R. §160.103, or attorney-client privileged communications, or any other information whose disclosure to RepCoach would violate any law, contract, or professional obligation;
(e) Customer is authorized by Customer's employer (if applicable) to share the recording with RepCoach for the purpose of analysis and coaching;
(f) Customer's upload of the recording does not violate any agreement between Customer and any third party, including any non-disclosure agreement, employment agreement, or confidentiality agreement.
Customer may not, and shall not permit any Authorized User to:
(a) Use the Service to record any conversation in violation of any recording or wiretapping law;
(b) Upload any recording made without lawful consent of all required parties;
(c) Upload any recording containing Protected Health Information unless RepCoach has executed a Business Associate Agreement with Customer specifically authorizing such uploads (note: as of the Effective Date, RepCoach has not implemented a HIPAA Business Associate program and is not authorized to receive PHI);
(d) Use the AI Output as the sole basis for any adverse employment action;
(e) Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service or any underlying AI model;
(f) Use the Service to compete with RepCoach, including by training a competing AI model on AI Output or by reselling the Service to third parties;
(g) Resell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Service except as expressly permitted in these Terms;
(h) Remove, obscure, or alter any proprietary notice on the Service or on any AI Output;
(i) Use the Service in any manner that violates any applicable law or regulation, including without limitation laws regulating the Customer's industry (real estate, mortgage, insurance, financial advisory, healthcare, etc.);
(j) Upload any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy.
If Customer uses the Service to score or analyze the performance of Customer's employees or contractors, Customer acknowledges that:
(a) Customer is solely responsible for providing each affected employee or contractor with any required notice of monitoring under applicable state law (including but not limited to Connecticut Gen. Stat. §31-48d, Delaware Code §19-705, and New York Civ. Rights Law §52-c);
(b) Customer is solely responsible for compliance with any applicable law governing the use of automated tools in employment decisions, including but not limited to New York City Local Law 144, Illinois AI Video Interview Act, and Colorado SB21-169;
(c) Customer will not use AI Output as the sole basis for any adverse employment action and will provide independent human review of any such decision;
(d) Customer will indemnify RepCoach for any claim brought by an employee, contractor, or other person arising from Customer's use of AI Output in connection with any employment decision.
Customer retains all right, title, and interest in and to Customer Data. Customer grants RepCoach a limited, non-exclusive, worldwide, royalty-free license to access, use, copy, store, process, transmit, display, and create derivative works of Customer Data solely as necessary to provide the Service to Customer.
RepCoach will use Customer Data only:
(a) To provide the Service to Customer;
(b) To prevent or address service or technical problems;
(c) To comply with legal obligations;
(d) As otherwise expressly permitted by Customer;
(e) In aggregated, anonymized form that does not identify Customer or any individual, for the purpose of improving the Service.
RepCoach will NOT:
(a) Sell, rent, or lease Customer Data to third parties;
(b) Use Customer Data to train AI models for use by other customers without Customer's express written consent;
(c) Disclose Customer Data to any third party except as required by law or as set forth in the Privacy Policy.
RepCoach implements technical and organizational security measures designed to protect Customer Data, including encryption of Customer Data at rest using AES-256 or equivalent, encryption of Customer Data in transit using TLS 1.2 or higher, access controls limiting access to Customer Data to authorized personnel, and regular security reviews and updates.
RepCoach does not warrant that the Service will be uninterrupted, error-free, or completely secure. Customer is responsible for evaluating the suitability of RepCoach's security measures for Customer's particular needs and regulatory environment.
For Customers subject to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), or other privacy laws requiring a written contract between controller and processor (or business and service provider), the Data Processing Addendum attached as Exhibit A is incorporated by reference into these Terms.
RepCoach will retain Customer Data for the duration of the Subscription Term and for a default period of ninety (90) days thereafter, unless Customer requests earlier deletion or a different retention period.
Customer may request deletion of Customer Data at any time by emailing deletion@repcoach.ai or through the account dashboard. RepCoach will delete the requested Customer Data within thirty (30) days of receiving a verified request, except that copies in routine backups will be deleted in the next backup cycle (typically within sixty (60) additional days).
Upon termination of these Terms for any reason, RepCoach will delete Customer Data within ninety (90) days, except as required to comply with legal obligations or as necessary to enforce these Terms.
RepCoach retains all right, title, and interest in and to the Service, the RepCoach name, logos, trademarks, software, AI models, rubrics, scoring methodologies, prompts, training materials, and all related intellectual property. Nothing in these Terms grants Customer any right or license in or to RepCoach's intellectual property except the limited right to access and use the Service as expressly permitted in these Terms.
If Customer provides RepCoach with any suggestions, comments, feedback, or recommendations regarding the Service ("Feedback"), Customer grants RepCoach a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose without any obligation to Customer. Feedback is deemed non-confidential.
Subject to Customer's compliance with these Terms, Customer owns the AI Output generated for Customer through Customer's use of the Service. Customer acknowledges that:
(a) The Service may generate similar or identical AI Output for other customers based on similar inputs;
(b) RepCoach retains the right to use AI Output in aggregated, anonymized form to improve the Service;
(c) AI Output may not be original or copyrightable in all jurisdictions due to the AI-generated nature of the work.
The Service uses third-party AI providers (including but not limited to Anthropic). Customer's use of the Service is subject to the acceptable use policies of those providers, available at https://www.anthropic.com/legal/aup.
RepCoach offers subscription plans as described on the pricing page at https://getrepcoach.com/repcoach-pricing.html. Plan features, prices, and limits are as set forth on the pricing page in effect at the time of Customer's subscription.
Customer agrees to pay all fees specified in the chosen plan. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in Section 7.5. Customer authorizes RepCoach's payment processor (currently Stripe, Inc.) to charge Customer's payment method for all applicable fees.
IMPORTANT — PLEASE READ. Subscription plans renew automatically at the end of each Subscription Term unless cancelled in accordance with Section 7.4 below. By subscribing, Customer expressly acknowledges and agrees that:
(a) Customer's subscription will automatically renew at the then-current price for the same or comparable term, on the same payment method;
(b) Customer can cancel at any time by following the procedure in Section 7.4;
(c) For monthly subscriptions, Customer will not receive a renewal reminder email before each renewal — Customer is responsible for tracking the renewal date;
(d) For annual or longer-term subscriptions, RepCoach will send a renewal reminder email between fifteen (15) and forty-five (45) days before each renewal, as required by California Bus. & Prof. Code §17602.
Customer may cancel a subscription at any time:
(a) From the account dashboard by clicking the "Cancel Subscription" button. Cancellation takes effect at the end of the current billing period. One click is sufficient.
(b) By emailing cancel@repcoach.ai from the email address associated with the account. RepCoach will process the cancellation within two (2) business days.
The cancellation procedure is at least as easy as the signup procedure, in compliance with the FTC Negative Option Rule and California Bus. & Prof. Code §17602(c).
All fees are non-refundable except:
(a) Within the first 14 days of a new monthly subscription, Customer may request a full refund for any reason by emailing refund@repcoach.ai. The refund will be processed within ten (10) business days.
(b) For annual subscriptions cancelled within the first 14 days, a full refund applies.
(c) After the 14-day window, monthly subscription fees are non-refundable. Annual subscription fees are non-refundable except for the prorated amount of any complete unused month, at RepCoach's discretion and only in the case of material service failure.
(d) RepCoach may refuse any refund request that RepCoach reasonably believes is fraudulent or abusive.
RepCoach may change subscription prices at any time. Price changes will take effect at the start of the next Subscription Term following notice to Customer. RepCoach will provide at least thirty (30) days' written notice of any price increase via the email address associated with the account.
All fees are exclusive of taxes. Customer is responsible for any applicable sales, use, value-added, or similar taxes, except for taxes based on RepCoach's net income.
If a payment fails, RepCoach will retry the payment for up to seven (7) days. If payment is not received after seven (7) days, RepCoach may suspend the Service until payment is received.
These Terms commence on the Effective Date and continue for so long as Customer maintains an active account or subscription with RepCoach, or until terminated as provided in this Section 8.
Customer may terminate these Terms at any time by cancelling all subscriptions and closing the account.
RepCoach may suspend or terminate Customer's access to the Service immediately and without prior notice if:
(a) Customer breaches any material term of these Terms (including Section 4.3 — Recording consent warranty);
(b) RepCoach reasonably believes Customer's use of the Service creates legal exposure for RepCoach or any third party;
(c) Customer fails to pay fees when due and does not cure within ten (10) days of notice;
(d) Customer becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors;
(e) RepCoach is required to do so by law.
Upon termination: (a) Customer's right to access and use the Service immediately ceases; (b) Customer remains liable for all fees accrued through the termination date; (c) RepCoach will delete Customer Data as set forth in Section 5.5; (d) The provisions of Sections 4, 6, 9, 10, 11, 12, and 14 survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY OF ANY AI OUTPUT.
CLUTCHCLOSE DOES NOT WARRANT THAT: (a) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR USEFUL FOR ANY PARTICULAR PURPOSE; (d) ANY DEFECTS WILL BE CORRECTED; (e) THE SERVICE OR ANY SERVER USED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE DOES NOT PROVIDE PROFESSIONAL ADVICE. AI Output is informational only and is not a substitute for professional advice from a qualified individual (including but not limited to legal advice, financial advice, medical advice, or licensed professional advice in any regulated industry). Customer is solely responsible for obtaining appropriate professional advice and should not rely on AI Output for any decision with material consequences.
RepCoach makes no representation or warranty that the Service is compliant with the laws and regulations governing Customer's specific industry. Customer is solely responsible for ensuring that Customer's use of the Service complies with all applicable laws and industry regulations, including without limitation real estate licensing laws and Realtor Code of Ethics; mortgage lending regulations (CFPB, RESPA, TILA, GLBA); insurance regulations (state Departments of Insurance); securities regulations (SEC, FINRA, state securities authorities); healthcare regulations (HIPAA — note: RepCoach is NOT currently HIPAA-compliant and does not have a Business Associate Agreement framework; HIPAA-covered customers may not use the Service to process Protected Health Information); and employment and labor laws (including AI hiring tool laws).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUTCHCLOSE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CLUTCHCLOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUTCHCLOSE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY CUSTOMER TO CLUTCHCLOSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
The limitations in Sections 10.1 and 10.2 do not apply to: (a) Customer's payment obligations; (b) Customer's indemnification obligations under Section 11; (c) Either party's gross negligence, willful misconduct, or fraud; (d) Liability that cannot be limited or excluded under applicable law.
Customer acknowledges that the limitations of liability in this Section 10 are an essential basis of the bargain between the parties and that RepCoach would not provide the Service to Customer without these limitations. The limitations apply even if a remedy fails of its essential purpose.
Customer agrees to indemnify, defend, and hold harmless RepCoach, its affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
(a) Customer's use of the Service;
(b) Customer's breach of these Terms;
(c) Customer's violation of any law or third-party right, including without limitation any law governing the recording, storage, or disclosure of communications (including federal ECPA and any state wiretapping or two-party consent law);
(d) Any recording, transcript, or other material Customer uploads to the Service;
(e) Any breach of the representations and warranties Customer made when uploading any material to the Service;
(f) Customer's use of AI Output in connection with any employment decision;
(g) Any claim by an employee, contractor, or agent of Customer arising from Customer's use of the Service;
(h) Any claim arising from Customer's failure to comply with any industry-specific regulation applicable to Customer.
RepCoach shall: (a) promptly notify Customer of any claim subject to indemnification (provided that failure to give prompt notice shall not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by the failure); (b) give Customer control of the defense and settlement of the claim (provided that Customer shall not settle any claim that imposes any obligation on RepCoach without RepCoach's prior written consent); and (c) provide Customer with reasonable assistance, at Customer's expense.
RepCoach shall defend Customer against any third-party claim alleging that the Service, when used as authorized under these Terms, infringes any U.S. patent, copyright, or trademark of a third party, and shall pay any damages finally awarded against Customer in the action or agreed to in settlement, subject to the cap in Section 10.2.
This indemnity does not apply to claims arising from: (a) Customer Data; (b) Customer's combination of the Service with any non-RepCoach product or service; (c) Customer's modification of the Service; or (d) Customer's use of the Service in violation of these Terms.
Before filing any claim against RepCoach, Customer agrees to first attempt to resolve the dispute informally by emailing disputes@repcoach.ai and providing: (a) Customer's name and contact information; (b) a description of the dispute; and (c) the relief sought. RepCoach will attempt to resolve the dispute within thirty (30) days of receipt.
Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, in San Diego, California, before a single arbitrator.
The arbitrator shall apply California law. The arbitration shall be confidential. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs of arbitration except as the arbitrator may otherwise allocate.
CUSTOMER AGREES THAT ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST CLUTCHCLOSE.
The arbitrator may not consolidate the claims of multiple parties or preside over any class, collective, or representative proceeding.
Customer may opt out of the arbitration agreement and class action waiver by sending written notice to optout@repcoach.ai within thirty (30) days of first accepting these Terms. The notice must include Customer's name, the email address associated with the account, and a clear statement that Customer wishes to opt out of arbitration.
Notwithstanding the arbitration requirement, either party may: (a) Bring a claim in small claims court for any qualifying dispute; (b) Seek injunctive relief in court to protect intellectual property rights; (c) Bring an enforcement action in court for any judgment or arbitration award.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any non-arbitrable dispute shall be resolved exclusively in the state or federal courts located in San Diego County, California, and Customer consents to the personal jurisdiction of those courts.
RepCoach may modify these Terms at any time. RepCoach will provide notice of material modifications by: (a) Posting the updated Terms on the Service with a new "Last Updated" date; (b) For material modifications, sending an email notice to the email address associated with the account at least thirty (30) days before the modifications take effect.
Customer's continued use of the Service after the effective date of the modifications constitutes acceptance of the modified Terms. If Customer does not agree to the modifications, Customer's sole remedy is to stop using the Service.
For purposes of Section 13.1, "material modification" means a change that materially reduces Customer's rights or increases Customer's obligations, including without limitation: increases in fees, changes to the dispute resolution clause, changes to the limitation of liability, or material reductions in service features.
These Terms, together with the Privacy Policy, the Call Recording Consent Policy, and any order forms or plan documents, constitute the entire agreement between Customer and RepCoach regarding the Service and supersede all prior or contemporaneous communications.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
RepCoach's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Customer may not assign or transfer these Terms or any of Customer's rights or obligations without RepCoach's prior written consent. RepCoach may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Neither party is liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, fire, flood, earthquake, labor disputes, internet or utility failures, or pandemic.
Notices to RepCoach shall be sent to legal@repcoach.ai. Notices to Customer shall be sent to the email address associated with Customer's account. Notices are deemed received upon transmission.
The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
These Terms do not create any third-party beneficiary rights.
Section headings are for convenience only and do not affect the interpretation of these Terms.
If you have any questions about these Terms, please contact us at: RepCoach, San Diego, California. Email: legal@repcoach.ai
This Data Processing Addendum ("DPA") forms part of the Terms of Service between Customer and RepCoach and applies to RepCoach's processing of Personal Data on behalf of Customer in connection with the Service.
Terms used in this DPA shall have the meanings given to them in the California Consumer Privacy Act ("CCPA") or the General Data Protection Regulation ("GDPR"), as applicable.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under the CCPA, GDPR, or similar law.
"Service Provider" has the meaning given in CCPA §1798.140.
"Processor" has the meaning given in GDPR Article 4(8).
For the purposes of this DPA: (a) Under the CCPA: Customer is a "Business" and RepCoach is a "Service Provider"; (b) Under the GDPR: Customer is a "Controller" and RepCoach is a "Processor"; (c) RepCoach processes Personal Data only on documented instructions from Customer.
Customer: (a) Shall be solely responsible for the lawfulness of Personal Data and the means by which Personal Data was acquired; (b) Has provided all necessary notices and obtained all necessary consents and rights to enable RepCoach to process Personal Data as contemplated by the Service; (c) Shall comply with all applicable privacy and data protection laws.
RepCoach: (a) Shall process Personal Data only for the purpose of providing the Service to Customer and only on Customer's documented instructions; (b) Shall not sell or share (as defined in CCPA §1798.140) any Personal Data; (c) Shall not retain, use, or disclose Personal Data outside the direct business relationship between RepCoach and Customer; (d) Shall implement appropriate technical and organizational measures to ensure the security of Personal Data; (e) Shall ensure that personnel authorized to process Personal Data are bound by confidentiality obligations; (f) Shall, taking into account the nature of the processing, assist Customer in responding to requests by data subjects exercising their rights under applicable law; (g) Shall notify Customer without undue delay (and in any event within seventy-two (72) hours) after becoming aware of a breach of security leading to the unauthorized disclosure of Personal Data; (h) Shall, at the choice of Customer, delete or return all Personal Data after the end of the provision of services, and delete existing copies unless retention is required by law; (i) Shall make available to Customer all information necessary to demonstrate compliance with this DPA.
Customer authorizes RepCoach to engage subprocessors for the provision of the Service. Current subprocessors include:
| Subprocessor | Purpose | Location |
|---|---|---|
| Anthropic, PBC | AI processing (Claude API) | United States |
| Cloudflare, Inc. | CDN, edge compute | United States |
| Stripe, Inc. | Payment processing | United States |
| Netlify, Inc. | Website hosting | United States |
RepCoach will provide thirty (30) days' notice of any new subprocessor by email. Customer may object within those thirty days; if Customer objects, RepCoach may either not engage the new subprocessor or terminate the affected portion of the Service with a prorated refund.
If Customer is established in the European Economic Area, the United Kingdom, or Switzerland, the parties agree that the Standard Contractual Clauses approved by the European Commission (EU 2021/914) are incorporated by reference and apply to any transfer of Personal Data outside the EEA, UK, or Switzerland.
Customer may, no more than once per calendar year and upon at least thirty (30) days' notice, audit RepCoach's compliance with this DPA. The audit shall be conducted during business hours and shall not materially disrupt RepCoach's operations. Customer shall bear all costs of the audit unless the audit reveals material non-compliance.
This DPA shall remain in effect for so long as RepCoach processes Personal Data on behalf of Customer.