TrialCoach.ai Terms of Service

Last Updated: December 8, 2025 Effective Date: December 8, 2025

Agreement Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and TrialCoach.ai ("TrialCoach," "we," "us," or "our") governing your access to and use of the TrialCoach.ai witness preparation platform, including our website, applications, AI-powered video generation services, and related services (collectively, the "Services").

By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

If you are accepting these Terms on behalf of a law firm, organization, or other entity, you represent that you have the authority to bind that entity.

1. Account Registration and Eligibility

1.1 Eligibility

To use our Services, you must:

Be at least 18 years of age
Have the legal capacity to enter into a binding agreement
Not be located in a jurisdiction where our Services are prohibited
Be using the Services for business or professional purposes (not personal or household use)

1.2 Account Creation

You must provide accurate and complete information during registration
Attorney accounts require a valid bar number in at least one US jurisdiction
Each user must have their own account; credential sharing is prohibited
You are responsible for maintaining the confidentiality of your login credentials

1.3 Contact Information Requirements

Primary Email (Required): You must provide and maintain a valid primary email address
Alternate Email (Optional): You may provide an alternate email address for critical notifications; if provided, you must verify it
Phone Number (Paid Accounts): Paid subscription holders may provide a phone number for SMS alerts regarding critical account matters
You must promptly update your contact information if it changes
See Section 8.6 for details on how we use alternate contact methods

1.4 Account Security

You must use strong passwords and enable two-factor authentication when available
You must immediately notify us of any unauthorized access or security breach
You are responsible for all activity under your account

1.5 Business Use Only; Consumer Protection Waiver

Services Intended for Business Use: TrialCoach.ai is a professional legal technology platform designed exclusively for use by attorneys, law firms, legal professionals, and their authorized representatives in connection with the practice of law. The Services are not intended for personal, family, or household purposes.

Your Representations: By creating an account or using the Services, you represent and warrant that:

You are using the Services solely for business, commercial, or professional purposes
You are not a "consumer" as defined under any applicable consumer protection statute
Your use of the Services is in connection with the practice of law or provision of legal services
If you are an individual, you are acting in your capacity as a legal professional or authorized representative of a law firm or legal organization

Waiver of Consumer Protections: To the fullest extent permitted by applicable law, you agree that:

Consumer protection laws, including but not limited to the California Consumer Legal Remedies Act (CLRA), the New York City Consumer Protection Law, and similar statutes in other jurisdictions, shall not apply to your use of the Services or to these Terms
You waive any rights or remedies you might otherwise have under consumer protection statutes
Any disputes arising under these Terms shall be governed by commercial contract principles, not consumer protection standards

Acknowledgment: You acknowledge that: (a) you have read and understood this Section 1.5; (b) the Services are priced and offered based on the understanding that users are business customers; (c) TrialCoach.ai would not offer the Services on the same terms if consumer protection laws applied; and (d) this waiver is a material inducement for TrialCoach.ai to enter into this agreement with you.

Severability: If any court or regulatory body determines that consumer protection laws apply to your use of the Services notwithstanding this waiver, the remaining provisions of these Terms shall remain in full force and effect, and any liability shall be limited to the maximum extent permitted by applicable law.

2. Subscription Plans and Billing

2.1 Subscription Options

TrialCoach.ai offers subscription plans as described on our pricing page. Plan features, limits, and pricing are subject to change with notice.

2.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis
All fees are stated in US dollars and are exclusive of applicable taxes
You authorize us to charge your designated payment method for all fees due
Failed payments may result in service suspension

2.3 Price Changes

We may modify pricing with at least 30 days' advance notice
Price changes take effect at the start of your next billing cycle
Continued use after a price change constitutes acceptance

2.4 Taxes

You are responsible for all applicable taxes, including sales tax, VAT, and other similar charges. We will collect and remit taxes where legally required.

2.5 Refunds

Fees are generally non-refundable except as described in Section 8 (Data Retention Upon Cancellation)
Refund requests may be considered on a case-by-case basis at our discretion
Pro-rated refunds are not provided for partial billing periods

3. Acceptable Use Policy

3.1 Permitted Use

You may use our Services solely for legitimate legal practice purposes, including:

Creating witness preparation materials
Generating training videos for witness coaching
Organizing case materials and documentation
Collaborating with colleagues and clients on witness preparation

3.2 Prohibited Conduct

You agree NOT to use our Services to:

Legal and Ethical Violations:

Engage in any unlawful, fraudulent, or deceptive activity
Violate attorney professional conduct rules
Suborn perjury or coach witnesses to provide false testimony
Obstruct justice or interfere with legal proceedings

Technical Misuse:

Reverse engineer, decompile, or disassemble our software
Circumvent any access controls or security measures
Introduce malware, viruses, or other harmful code
Conduct security testing without written authorization
Scrape, harvest, or collect data through automated means

Platform Abuse:

Share your account credentials with others
Resell or redistribute our Services without authorization
Use our Services to train competing AI systems
Publish performance benchmarks without written consent
Interfere with or disrupt the integrity of our Services

Content Restrictions:

Upload content that infringes intellectual property rights
Create content that is defamatory, harassing, or discriminatory
Generate deepfakes or deceptive media for improper purposes
Transmit spam or unsolicited communications

3.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including warning, suspension, or termination of your account.

4. Intellectual Property Rights

4.1 Our Intellectual Property

TrialCoach.ai and its licensors own all rights, title, and interest in and to:

The Services, software, and underlying technology
Our trademarks, logos, and branding
Documentation, templates, and training materials
Any improvements or derivative works

You receive a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes during your subscription term.

4.2 Your Content

You retain ownership of all content you upload, create, or generate through our Services ("Your Content"). You grant us a limited license to:

Host, store, and backup Your Content
Process Your Content to provide our Services
Create de-identified, aggregated data for service improvement

4.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation to you.

4.4 AI-Generated Content

Video content generated by our AI systems is provided for your use subject to these Terms. You are responsible for ensuring appropriate use of such content in compliance with applicable laws and ethical rules.

5. Confidentiality and Attorney-Client Privilege

5.1 Our Confidentiality Obligations

We treat all Customer Content as confidential information. We will:

Not access Your Content except as necessary to provide the Services or as you direct
Implement security measures appropriate for confidential legal materials
Require our employees and contractors to maintain confidentiality

5.2 Attorney-Client Privilege

We acknowledge that certain materials may be protected by attorney-client privilege or work product doctrine. Our Services are designed to maintain the confidentiality of such materials. However:

We cannot provide legal advice on privilege issues
You are responsible for ensuring appropriate safeguards for privileged materials
You should consult with qualified counsel on privilege implications

5.3 Compelled Disclosure

If we are legally compelled to disclose Your Content, we will:

Provide notice to you to the extent legally permitted
Assert available protections and objections
Cooperate with your efforts to obtain protective orders

6. Limitation of Liability

6.1 Disclaimer of Warranties

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

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF RESULTS

We do not warrant that the Services will be uninterrupted, error-free, or secure.

6.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Excluded Damages: Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, regardless of the theory of liability.

Liability Cap: Our total aggregate liability under these Terms shall not exceed the greater of:

The amounts paid by you during the twelve (12) months preceding the claim, or
One hundred US dollars ($100)

6.3 Exceptions

The limitations above do not apply to:

Breaches of confidentiality obligations
Indemnification obligations
Your payment obligations
Willful misconduct or gross negligence
Liability that cannot be limited by law

6.4 Basis of the Bargain

The limitations and exclusions in this Section reflect the allocation of risk between the parties and are essential to our ability to offer the Services at the stated prices.

7. Indemnification

7.1 Your Indemnification

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

Your use of the Services
Your Content or materials
Your violation of these Terms
Your violation of any applicable laws or third-party rights
Your negligence or willful misconduct

7.2 Our Indemnification

We will indemnify and defend you against third-party claims that the Services infringe such third party's intellectual property rights, subject to:

Prompt written notice of the claim
Sole control of the defense and settlement
Reasonable cooperation from you

If we believe the Services may be found infringing, we may at our option:

Obtain a license for continued use
Modify the Services to be non-infringing
Terminate the affected Services with a pro-rated refund

8. Data Retention and Deletion Upon Cancellation

This section addresses what happens to your data when your subscription ends, whether through cancellation, non-payment, or termination.

8.1 Voluntary Cancellation

How to Cancel:

You may cancel your subscription at any time through your account settings or by contacting support@trialcoach.ai
Cancellation takes effect at the end of your current billing period
You retain full access until the end of your paid period

Data Export Period: Upon cancellation, you will have 30 days to export your data, including:

All witness preparation scripts and materials
Generated videos (subject to storage limits)
Case organization data and notes

Post-Export Deletion: After the 30-day export period:

Your Content will be permanently deleted from our primary systems
Backup copies will be removed within 90 days
Account information may be retained for legal and compliance purposes

Immediate Deletion Option: If you prefer, you may request immediate deletion of all your data at the time of cancellation. This action is irreversible.

8.2 Non-Payment and Account Suspension

Renewal Notifications:

We will send email reminders approximately 14 days and 7 days before your renewal date
For annual subscriptions, we will also send a reminder 30 days in advance
Reminders will include the renewal amount and date

Failed Payment Process: If your payment method fails on the renewal date:

Day 1: We will attempt to charge your payment method and send an email notification of the failed payment
Day 3: Second payment attempt and reminder email
Day 7: Third payment attempt; account placed in "Grace Period" status
Days 7-14: You retain read-only access to your data but cannot create new content
Day 14: Account suspended; no access to Services
Day 14-44: Data retained in suspended state; you may reactivate by making payment
Day 45: Final notice sent warning of impending deletion
Day 60: Data scheduled for permanent deletion

Reactivation: At any point during the grace or suspension period (Days 1-60), you may:

Update your payment method
Make the outstanding payment
Immediately regain full access to your account and data

8.3 Termination for Cause

If we terminate your account for violation of these Terms:

You will receive notice of termination with the specific reason
You will have 7 days to export your data (unless the violation is severe)
In cases of illegal activity, fraud, or severe violations, immediate termination without data export may occur
No refunds will be provided for termination due to your breach

8.4 Data Retention for Legal Purposes

Notwithstanding the above, we may retain certain information as required by law, including:

Billing and transaction records (7 years)
Communications related to disputes (duration of legal hold)
Audit logs and security records (3 years)

8.5 Extended Storage Option

At the time of cancellation, you may opt into our Extended Storage program:

Your data will be retained in secure, read-only storage for up to 1 year
A nominal monthly storage fee of $10 applies
You may reactivate to a full subscription at any time during this period
Data will be deleted at the end of the extended storage period

8.6 Contact Information and Alternate Email

Primary Contact: You are responsible for maintaining a current, valid email address in your account settings. All notices required or permitted under these Terms will be sent to your primary email address on file.

Alternate Email (Optional but Recommended): You may provide an alternate email address in your account settings. If you provide an alternate email address:

You must verify the alternate email address by clicking a confirmation link we send to that address
You authorize us to contact you at that address in the circumstances described below
You are responsible for keeping this address current

When We Use Your Alternate Email: If you have provided and verified an alternate email address, we may send notices to that address in the following circumstances:

Your primary email address returns as undeliverable (hard bounce)
You have not responded to a Critical Notice (defined below) within five (5) business days of sending to your primary email
We have made reasonable attempts to reach you at your primary email address without success

Critical Notices: For purposes of this section, "Critical Notices" are limited to:

Payment failure notifications
Pending account suspension warnings
Pending data deletion warnings
Security alerts (such as suspected unauthorized access to your account)

Regular communications such as product updates, feature announcements, newsletters, and marketing materials will only be sent to your primary email address and will not trigger escalation to your alternate email.

Phone Number (Paid Accounts Only): If you have a paid subscription, you may also provide a phone number for SMS alerts. If you provide and verify a phone number:

You authorize us to send SMS messages for Critical Notices only
SMS alerts are used as a tertiary contact method after email attempts have been unsuccessful
Standard message and data rates from your carrier may apply
You may opt out of SMS alerts at any time in your account settings

Notice Deemed Received:

Notice sent to your primary email address shall be deemed received when sent, provided we have no indication of a hard bounce within 24 hours
If we send notice to your alternate email address due to delivery failure or non-response at your primary address, notice shall be deemed received when sent to the alternate address
SMS notices are deemed received when sent

Your Obligation: You must promptly update your contact information if it changes. Failure to maintain current contact information:

Does not relieve you of your obligations under these Terms
Does not extend any grace periods or deadlines
Does not excuse non-payment or other defaults
May result in loss of data if we cannot reach you regarding pending deletion

9. Termination

9.1 Termination by You

You may terminate these Terms at any time by:

Canceling your subscription through account settings
Providing written notice to support@trialcoach.ai
Closing your account

9.2 Termination by Us

We may suspend or terminate your account:

Immediately for material breach of these Terms
Immediately for non-payment after the grace period
With 30 days' notice for convenience
Immediately if required by law or to prevent harm

9.3 Effect of Termination

Upon termination:

Your right to access the Services ceases
Outstanding payment obligations remain due
Provisions intended to survive (confidentiality, limitation of liability, indemnification) remain in effect
Data handling proceeds as described in Section 8

10. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

10.1 Governing Law

These Terms, together with the Privacy Policy and any other agreements or policies incorporated herein, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles or rules. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

10.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@trialcoach.ai to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within thirty (30) days of receipt of written notice describing the dispute. Neither party may initiate mediation or arbitration until this informal resolution period has expired without resolution.

10.3 Mandatory Mediation

If a dispute cannot be resolved informally pursuant to Section 10.2, the parties agree to submit the dispute to non-binding mediation before initiating arbitration. Such mediation shall be conducted as follows:

(a) Rules and Administration: The mediation shall be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Mediation Procedures (the "AAA Rules"), a copy of which is available for download at https://www.adr.org/.

(b) Location and Appearance: The mediation shall be held live and in-person in Albany, New York. Remote or video appearances are not permitted. Both parties (or their authorized representatives with full settlement authority) must attend in person.

(c) Mediator: The mediation shall be conducted before a sole mediator selected in accordance with the AAA Rules.

(d) Good Faith Participation: Both parties agree to participate in the mediation in good faith and to make a genuine effort to resolve the dispute.

(e) Costs: The administrative fees and costs of the mediation, including the fees of the mediator, shall be split equally between the parties. Each party shall bear its own attorneys' fees and costs incurred in connection with the mediation.

(f) Confidentiality: All statements, offers, and communications made during the mediation are confidential and shall not be admissible in any subsequent arbitration or legal proceeding.

10.4 Binding Arbitration

If the dispute remains unresolved after a good faith effort at mediation and the mediator has declared an impasse, the dispute shall be submitted to final and binding arbitration. Such arbitration shall be conducted as follows:

(a) Rules and Administration: The arbitration shall be administered by the American Arbitration Association pursuant to the AAA Rules.

(b) Location and Appearance: The arbitration shall be held live and in-person in Albany, New York. Remote or video appearances are not permitted. The arbitration hearing shall be held on a different day than the mediation.

(c) Arbitrator: The arbitration shall be conducted before a sole arbitrator selected in accordance with the AAA Rules.

(d) Finality: The arbitrator's decision and award shall be final, binding, and non-appealable. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

(e) Costs and Fees: The administrative fees and costs of the arbitration, including the fees of the arbitrator, shall be split equally between the parties initially. However, the arbitrator may, in the final award, allocate arbitration fees and costs (including the arbitrator's fees) to the prevailing party.

(f) Attorneys' Fees: The arbitrator may award reasonable attorneys' fees and costs to the prevailing party.

(g) Limitation on Remedies: The arbitrator shall have no authority to award punitive damages, exemplary damages, or any damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall apply the limitations on liability set forth in Section 6 of these Terms.

10.5 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Each party certifies and acknowledges that: (a) no representative of the other party has represented, expressly or otherwise, that such other party would not seek to enforce this waiver in the event of a legal action; (b) such party has considered the implications of this waiver; (c) such party makes this waiver knowingly and voluntarily; and (d) such party has been induced to enter into these Terms by, among other things, the mutual waivers and certifications in this Section 10.5.

10.6 Waiver of Consequential and Punitive Damages

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This waiver applies to, but is not limited to, damages for lost profits, lost revenue, lost business opportunities, loss of data, loss of goodwill, business interruption, and any other commercial damages or losses.

10.7 Class Action and Representative Action Waiver

You agree to resolve disputes with TrialCoach.ai on an individual basis only. You waive any right to:

Participate in a class action, class arbitration, or other representative or consolidated proceeding
Act as a private attorney general or in any other representative capacity
Join or consolidate claims with claims of any other person or entity

Any dispute resolution proceedings shall be conducted solely on an individual basis and not in a class, consolidated, or representative action.

10.8 Prevailing Party Attorneys' Fees

In any action, arbitration, or proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled. The arbitrator or court shall determine the prevailing party and the reasonable amount of fees, costs, and expenses to be awarded.

10.9 Jurisdiction for Enforcement of Arbitration Award

The parties hereby irrevocably consent to the exclusive jurisdiction and venue of the New York Supreme Court, Albany County, New York, for any proceeding to:

Compel arbitration pursuant to these Terms
Enforce any arbitration award rendered pursuant to these Terms
Seek injunctive or other equitable relief as permitted under Section 10.10

Each party waives any objection to such jurisdiction and venue, including any objection based on forum non conveniens.

10.10 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek:

Temporary or preliminary injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration
Enforcement of intellectual property rights in any court of competent jurisdiction

Any such court proceeding shall not be deemed a waiver of the obligation to arbitrate the underlying dispute.

10.11 Survival

This Section 10 shall survive the termination or expiration of these Terms and your use of the Services.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement between you and TrialCoach.ai regarding the Services.

11.2 Modifications

We may modify these Terms by posting an updated version and notifying you via email or in-product notice. Material changes require 30 days' notice. Continued use after changes constitutes acceptance.

11.3 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

11.4 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

11.5 Waiver

Failure to enforce any provision does not constitute a waiver of our right to enforce it later.

11.6 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, war, terrorism, pandemics, or internet outages.

11.7 Notices

Notices to us must be sent to legal@trialcoach.ai. We may provide notice to you via email to your registered address or through the Services.

12. Contact Information

TrialCoach.ai Email: support@trialcoach.ai Legal Inquiries: legal@trialcoach.ai Address: 260 Madison Ave., Fl 17, New York, NY 10016 Phone: 646-216-8292