Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your use of SaidWell (the “Service”), operated by Fantastic Online Stores PTY LTD (ABN 39 655 964 784) (“SaidWell”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Description of the Service

SaidWell is a voice-based sales-rehearsal application. You record short spoken responses to sales scenarios, which we transcribe and score against a fixed set of rubric dimensions, and we show your trend over time.

3. Eligibility

You must be at least 16 years old to use the Service. By using it, you confirm that you meet this requirement.

4. Your account

You are responsible for the activity on your account and for keeping your login credentials secure. Provide accurate information and keep it up to date. Notify us promptly of any unauthorised use.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose.
• Upload audio you do not have the right to record, or that contains another person's personal information without their consent.
• Attempt to disrupt, reverse engineer, or gain unauthorised access to the Service.
• Abuse, circumvent, or place excessive automated load on the Service, including its usage limits.

6. Subscriptions and billing

SaidWell Pro is offered at US$19 per month or US$190 per year, billed through Stripe. New users receive one free rep before a subscription is required. Paid plans include a daily limit on the number of scored reps. Subscriptions renew automatically until cancelled. You can cancel at any time from your billing settings and will retain access until the end of the period you have paid for. Except where required by law, payments are non-refundable. Nothing in these Terms limits rights you may have under the Australian Consumer Law or other mandatory consumer protections.

7. Your content

You retain ownership of the recordings and transcripts you create (“Your Content”). You grant us a limited licence to store and process Your Content solely to provide the Service to you, including sending it to our processors for transcription and scoring as described in our Privacy Policy.

8. Intellectual property

The Service, including its software, design, scenarios, and scoring rubric, is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

9. Scoring is guidance, not advice

Rubric scores, citations, and notes are automatically generated to help you practise. They are informational only, may contain errors, and are not professional, financial, or sales advice. We do not guarantee any particular outcome, including any sales result.

10. Third-party services

The Service relies on third parties such as Supabase, Stripe, OpenAI, Anthropic, PostHog, Resend, and Vercel. Your use of the Service is also subject to their terms where applicable, and we are not responsible for their acts or omissions.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends.

12. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind to the extent permitted by law. Certain guarantees under the Australian Consumer Law cannot be excluded; nothing in these Terms operates to exclude, restrict, or modify those rights.

13. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or US$100. We are not liable for indirect, incidental, or consequential losses. Where the Australian Consumer Law applies and a guarantee cannot be excluded, our liability is limited, where permitted, to resupplying the Service or paying the cost of resupply.

14. Indemnification

You agree to indemnify us against claims arising from your misuse of the Service or your breach of these Terms, to the extent permitted by law.

15. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria. We encourage you to contact us first so we can try to resolve any issue.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and change the date above. Continued use of the Service after changes take effect means you accept the updated Terms.

17. Contact

Questions about these Terms can be sent to legal@saidwell.app.