Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Standing Applause, Inc. ("Company", "we", "us", or "our"), a Texas corporation with its principal place of business in Austin, Texas (Williamson County).

By accessing or using Standing Applause ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account or using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to enter into this agreement on behalf of your organization
• You will provide accurate, current, and complete information during registration
• You agree to all terms and conditions in this agreement

We reserve the right to modify these Terms at any time. Material changes will be communicated via email with 30 days' advance notice. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

2. Account Registration & Security

Eligibility

You must be at least 18 years old and have the authority to enter into this agreement on behalf of your organization. You must provide accurate, current, and complete information during registration.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

3. Service Description

Standing Applause provides an AI-powered lead qualification platform that:

• Qualifies leads using BANT methodology (Budget, Authority, Need, Timeline)
• Revives stalled/dead leads through personalized outreach
• Provides hosted chat interfaces and analytics dashboards
• Integrates with third-party calendaring systems (e.g., Calendly)

Service availability and features are subject to your subscription plan tier (Starter, Professional, or Enterprise).

4. Subscription Plans & Billing

Billing Terms

• Subscriptions are billed monthly on your subscription anniversary date (not calendar month)
• Payment is processed through Stripe, Inc.
• All fees are in U.S. Dollars (USD)
• Subscriptions automatically renew unless canceled before the next billing cycle

Conversation Limits

• Starter: 50 conversations/month (hard cap)
• Professional: 500 conversations/month (hard cap)
• Enterprise: Unlimited conversations
• Limits reset on your monthly subscription anniversary date
• No overage charges - you must upgrade to continue using the service

Free Trial

• 14-day trial period with 5 conversations
• No credit card required during trial
• Trial converts to paid plan after 14 days or 5 conversations (whichever comes first)

Refund Policy

• No refunds for partial months or unused conversations
• Exception: Full refund within 14 days of initial paid subscription if no usage beyond trial

Price Changes

• We reserve the right to change pricing with 30 days' advance notice
• Price changes apply to subsequent billing cycles
• Continued use after price change constitutes acceptance

5. Data Usage & Training Rights

⚠️ IMPORTANT: Please read this section carefully

By using Standing Applause, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and create derivative works from:

• Custom prompts you submit
• Conversation transcripts generated through the Service
• BANT qualification results
• Knowledge base content you upload
• Usage patterns and analytics data

Purpose

We use this data to:

• Train and improve our AI models
• Enhance qualification accuracy
• Develop new features and capabilities
• Conduct research and development

Data Protection

• All data used for training is anonymized and de-identified
• Personally Identifiable Information (PII) is scrubbed before training use
• We do not share your data with third parties for their marketing purposes
• You retain ownership of your original data
• You can export your data at any time through your account dashboard

Confidential Information

If your data contains trade secrets or highly confidential business information, you should not upload it to the Service. We make commercially reasonable efforts to protect your data, but AI training requires data usage as described above. For enhanced data protection, contact us about our Enterprise plan with custom data handling agreements.

6. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Send unsolicited bulk messages (spam) through the Service
• Harass, abuse, threaten, or impersonate others
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems to scrape or mine data from the Service
• Upload malware, viruses, or harmful code
• Violate any third-party rights (intellectual property, privacy, publicity)
• Circumvent usage limits or access controls
• Sublicense, resell, or transfer your account to others

Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

7. Intellectual Property Rights

Ownership

• Standing Applause retains all rights, title, and interest in the Service, including all software, AI models, algorithms, designs, and trademarks ("Company IP")
• "Standing Applause", "Top Qualifier", and associated logos are trademarks of Standing Applause, Inc.
• You retain ownership of data you submit to the Service ("Customer Data")

License Grants

• You grant us a license to use Customer Data as described in Section 5 (Data Usage & Training Rights)
• We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term
• This license terminates upon subscription cancellation or account termination

Third-Party Services

The Service integrates with third-party services (OpenAI, Stripe, Calendly, etc.). Your use of these integrations is subject to their respective terms of service.

8. Data Security & Privacy

We implement industry-standard security measures to protect your data, including:

• Encryption in transit (TLS/SSL)
• Encryption at rest (AES-256)
• PII scrubbing for sensitive fields (SSN, credit cards, passwords)
• Role-based access controls
• Regular security audits

For detailed information about data collection, use, and protection, please see our Privacy Policy.

9. Service Availability & Warranties

Service Availability

• We strive to provide 99.9% uptime, but do not guarantee uninterrupted service
• We may perform scheduled maintenance with advance notice
• We are not liable for downtime caused by third-party services (OpenAI, hosting providers, etc.)

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be error-free or uninterrupted
• Warranties regarding AI accuracy or lead qualification results

AI Limitations

• AI-generated responses may contain errors or inaccuracies
• BANT qualification scores are estimates, not guarantees
• You are responsible for verifying qualification results before making business decisions
• We are not liable for lost revenue, missed opportunities, or business decisions based on AI outputs

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Total Liability Cap

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the total amount you paid us in the 12 months preceding the claim.

Excluded Damages

We are not liable for any indirect, incidental, consequential, special, or punitive damages, including:

• Lost profits or revenue
• Lost business opportunities
• Data loss or corruption
• Business interruption
• Cost of substitute services

Service Limitations

We are not liable for:

• Third-party service failures (OpenAI, Stripe, hosting providers)
• AI inaccuracies or qualification errors
• Lead data quality or conversion rates
• User data loss due to user error or failure to export data

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Standing Applause, Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
• Content or data you submit to the Service
• Any false, inaccurate, or misleading information you provide

This indemnification obligation survives termination of these Terms.

12. Termination

Termination by User

• You may cancel your subscription at any time through the Billing Portal
• Cancellation takes effect at the end of your current billing cycle
• No refunds for partial months or unused conversations
• You may export your data before cancellation

Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account is involved in fraudulent activity
• You fail to pay subscription fees
• We are required to do so by law

We may also terminate your account with 30 days' advance notice for any reason.

Effects of Termination

• Your access to the Service is immediately revoked
• Your data will be retained for 30 days for export purposes
• After 30 days, your data will be permanently deleted (except as required by law or for training purposes per Section 5)
• All fees owed up to the termination date remain due

13. Dispute Resolution & Arbitration

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in Williamson County, Texas.

Arbitration Agreement

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules.

• Arbitration shall take place in Austin, Texas
• Each party bears its own costs (unless awarded by arbitrator)
• Arbitrator's decision is final and binding
• You waive your right to a jury trial

Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive your right to participate in class actions, class arbitrations, or representative proceedings.

Small Claims Exception

Either party may pursue claims in small claims court (up to jurisdictional limit) instead of arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately for non-material changes (e.g., formatting, typos)
• 30 days after notice for material changes (e.g., pricing, data usage, liability)

Notice of Changes

• We will post updated Terms on our website with a "Last Updated" date
• We will send email notification to your registered email address for material changes
• Your continued use of the Service after changes take effect constitutes acceptance

If you do not agree to modified Terms, you must stop using the Service and cancel your subscription.

15. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Standing Applause regarding the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor entity.

Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet/hosting failures.

Contact

For questions about these Terms, contact us at:

• Email: legal@standingapplause.com
• Address: Standing Applause, Inc., Austin, TX (Williamson County)