Please read these Terms of Service ("Terms") carefully before creating an account or using SalesMetric.ai.
SalesMetric.ai is a software platform owned and operated by Gain The Edge, LLC ("Gain The Edge," "SalesMetric.ai," "Company," "we," "us," or "our").
By creating an account, clicking to accept these Terms, or accessing or using the SalesMetric.ai platform, website, APIs, or related services (collectively, the "Service"), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" and "Customer" refer to that entity.
If you do not agree to these Terms, do not use the Service.
When acceptance happens. You may first encounter SalesMetric.ai through a free report, a demonstration experience, or another no-cost preview, before you ever create an account or pay anything. Where we ask you to accept these Terms at that point, that acceptance is binding from then on and covers your use of the preview. Creating an account later, or purchasing a subscription later, does not require you to accept again unless we have published a revised version in the meantime. We record the version you accepted and the date you accepted it. You can view your own acceptance history in your account settings once you have one.
Relationship to Gain The Edge coaching programs. SalesMetric.ai is a separate software product. If you also participate in Gain The Edge coaching programs, memberships, events, or advisory services, those are governed by the separate Gain The Edge Terms and Conditions at gaintheedgenow.com. Purchasing one does not entitle you to the other. In the event of a conflict, these Terms govern your use of the SalesMetric.ai platform and the Gain The Edge Terms govern the coaching relationship.
SalesMetric.ai is a sales performance analytics and coaching platform. The Service allows you to:
Features available to you depend on your subscription tier. We describe current tiers and pricing on our pricing page, which is incorporated into these Terms by reference. The pricing page controls in the event of a discrepancy with any other description of tiers or features.
To use the Service you must be at least 18 years old, have the legal capacity to enter into binding contracts, and not be barred from receiving services under applicable law. The Service is intended for business use, not personal or household use.
You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
The Service organizes users into company workspaces with role-based access. Administrators can invite users, assign roles, view calls belonging to other members of the workspace, and manage the subscription.
You are responsible for the actions of every user you invite to your workspace. You must ensure that every invited user is authorized to access the Customer Content in that workspace and agrees to these Terms.
Seats are licensed to named individuals. You may reassign a seat when a user leaves your organization, but you may not share a single seat among multiple people or share account credentials.
This section is a material condition of your right to use the Service.
You represent and warrant, on a continuing basis, that for every call recording, transcript, or other Customer Content you upload to or process through the Service:
(a) You have obtained all consents and provided all notices required to lawfully record, retain, transmit, and analyze that call under every law applicable to it, including the laws of every jurisdiction in which any call participant was located;
(b) You have the right to disclose that content to us and to authorize us to process it as described in these Terms and our Privacy Policy;
(c) Your use of the Service and of the resulting analysis does not violate any law, contract, or third-party right, including the privacy rights of any call participant.
We do not review, verify, or assess whether any recording was lawfully obtained. The availability of the Service and our processing of your content is not a representation that your recording practices are lawful. We provide no legal advice regarding recording, consent, notice, wiretapping, surveillance, or privacy obligations. Consult qualified legal counsel.
Recording laws differ by jurisdiction, and the rules for telephone calls often differ from the rules for in-person conversations. A number of United States jurisdictions are commonly treated as requiring the consent of all parties to a call, including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Other states, and several of those just listed depending on the statute applied and the facts, require the consent of only one party. Canadian, EEA, UK, and Australian law impose their own notice and lawful-basis requirements. The applicable law is generally determined by where the participants are located, not where your business is. The preceding list is illustrative only, is not exhaustive or authoritative, and is not legal advice. Determining and complying with these requirements is your responsibility alone.
You may not upload or process through the Service:
unless you have executed a separate written agreement with us expressly permitting that category. We do not offer a Business Associate Agreement.
SalesMetric.ai output consists of automated coaching aids. You may not use scores, bands, rankings, or reports generated by the Service as the sole or determinative basis for any employment decision, including hiring, promotion, compensation, discipline, or termination. If you use the output as one input among others in a human-led decision process, you are solely responsible for compliance with all applicable employment, labor, works council, and automated decision-making laws, including any obligation to provide notice, human review, or an explanation to affected individuals.
You will indemnify, defend, and hold harmless Gain The Edge, its members, officers, employees, contractors, and affiliates from any claim, demand, investigation, fine, penalty, damage, liability, cost, or expense, including reasonable attorneys' fees, arising from or relating to (a) any allegation that a recording you processed through the Service was obtained or used unlawfully, (b) any breach of your warranties in this Section 4, or (c) any use of Service output in an employment decision.
This indemnity survives termination of these Terms.
The Service is offered on a subscription basis with tiers described on our pricing page. Features, usage limits, and included analysis volume vary by tier. We may change the composition of tiers on notice as described in Section 9.3.
Paid subscriptions are purchased through our checkout pages, which are operated on our behalf by HighLevel. Card processing is performed by Stripe. Subscriptions are billed in advance on a recurring basis, monthly or annually as selected at checkout.
By subscribing, you authorize us to charge your payment method on a recurring basis for the subscription fee, plus applicable taxes, until you cancel. Your subscription renews automatically at the end of each billing period at the then-current rate for your tier unless you cancel before the renewal date. Before you complete a purchase, the checkout page will disclose the amount, the billing frequency, the date of the first renewal charge, and how to cancel. Where required by law we will also send a renewal reminder before charging.
All prices are in United States Dollars.
You may cancel at any time from the billing section of your SalesMetric.ai account, using the cancel control there. Cancellation is self-serve and takes effect immediately upon your confirmation, with no requirement to contact us, speak with anyone, or complete a retention flow. You may also cancel by emailing [email protected] if you prefer.
Cancelling stops all future charges. Your access continues through the end of the billing period you have already paid for, and ends when that period expires. Except as expressly provided in Sections 9.3 and 15.3, we do not provide refunds or credits for partial billing periods, unused analysis volume, or unused time.
Cancelling your subscription does not delete your account or your data. To delete your data, see Section 10 and the retention schedule in our Privacy Policy.
Except where required by law and except for the pro-rata refunds provided under Sections 9.3 and 15.3, subscription fees are non-refundable. We may, at our sole discretion, issue a refund or credit in cases of duplicate charges, verified billing errors, or extended service unavailability attributable to us. Requests for a discretionary refund under this Section 5.4 must be made within 30 days of the charge to [email protected]. The 30-day limit does not apply to refunds owed under Sections 9.3 or 15.3.
We may offer a free trial of a paid tier. Where we do, the checkout page will state the length of the trial, the date the trial ends, the amount that will be charged when it ends, and how to cancel before then, all before you submit payment details.
Unless you cancel before the trial period ends, your subscription converts automatically to a paid subscription and your payment method will be charged. You may cancel during the trial at any time using the self-serve control described in Section 5.3, and you will not be charged. One trial per customer. We may modify or discontinue trials at any time, which will not affect a trial already in progress.
Separately from a paid trial, we may offer free reports, demonstration experiences, or other no-cost previews of the Service. Those are not subscriptions, require no payment method, and do not convert to anything. They are still governed by these Terms, including the call recording consent obligations in Section 4.
If a payment fails, we will attempt to charge your payment method again over a period of up to 14 days and notify you by email. If payment remains unresolved, we may suspend your access. Suspension does not relieve you of the obligation to pay amounts owed. Accounts unresolved after 30 days may be terminated. Following termination, the retention and deletion schedule in our Privacy Policy applies, which currently preserves your data for 90 days from termination to allow reactivation.
We may change subscription pricing. We will give at least 30 days' advance notice by email before a price change takes effect for your subscription. The new price applies at your next renewal after the notice period. If you do not accept the new price, cancel before the renewal date.
Custom tier pricing, minimum commitments, invoicing terms, service levels, and other arrangements are set out in a separate written order form or master services agreement. Where such an agreement exists, its terms control over conflicting terms in this Section 5.
Prices do not include sales tax, VAT, GST, HST, or other taxes. You are responsible for all taxes arising from your purchase, other than taxes on our net income. Where we are required to collect tax, it will be added at checkout.
Your tier may include limits on the number of calls analyzed, minutes transcribed, storage consumed, or seats. We will notify you as you approach a limit. We may throttle processing, queue analyses, or decline to process content that exceeds your limit until you upgrade or the next billing period begins.
The Service and everything in it other than Customer Content is owned by Gain The Edge or its licensors and is protected by copyright, trademark, trade secret, and other laws. This includes without limitation:
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.
You may not:
You retain all ownership of your call recordings, transcripts, and other content you upload ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, reproduce, process, and analyze Customer Content solely to provide, secure, and support the Service, and to generate anonymized benchmark data as described in our Privacy Policy.
We do not use Customer Content to train AI models. We do not sell Customer Content and we do not license it for model development by any party.
The reports, scores, and coaching recommendations generated for your calls ("Output") are provided to you for your internal business use. As between you and us, you may use Output freely within your organization. We retain ownership of the underlying methodology, rubrics, and scoring logic that produce the Output. You may not publish, distribute, or commercialize Output in a manner that discloses our scoring methodology, rubric thresholds, or prompt design to third parties.
You acknowledge and agree that we create and retain anonymized, de-identified statistical records derived from analyzed calls, and that we use aggregate statistics derived from those records for benchmarking features, research, reports, and marketing. Anonymized records contain no transcript text, names, company identifiers, or other personally identifiable information. Our Privacy Policy describes exactly what these records contain and exclude. We own the anonymized dataset and all aggregate statistics derived from it, subject to the limited deletion request process described in our Privacy Policy.
If you submit suggestions, feature requests, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate it without obligation or compensation to you.
You agree not to use the Service to:
We may investigate suspected violations and may suspend or terminate access without notice where we reasonably believe a violation presents a risk to the Service, to other customers, or to us.
The Service integrates with third-party services including Twilio, Stripe, and our AI and transcription providers. Your use of a third-party service is governed by that party's terms. We are not responsible for third-party services, their availability, their accuracy, or any damages arising from them.
If you connect a Twilio account, you authorize us to use the credentials you provide to retrieve call recordings and metadata from your Twilio account on a recurring polling schedule.
We do not modify the Voice URL or webhook configuration on your Twilio phone numbers. Our integration is read-only with respect to your Twilio configuration.
You remain solely responsible for your Twilio account, your Twilio charges, your Twilio recording settings, and compliance with Twilio's terms. Recording charges, storage charges, and API usage charges from Twilio are yours. Securing and rotating the credentials you provide us is your responsibility, and you should revoke them if you disconnect the integration.
Our checkout and order pages are operated on our behalf by HighLevel, and card processing is performed by Stripe. When you complete a purchase, your payment details are collected on a HighLevel page and transmitted to Stripe. By purchasing a subscription you also agree to Stripe's terms of service.
We do not store full payment card numbers on our systems. We receive a customer reference, the card brand, the last four digits, and the expiration date.
Which company operates the checkout page does not change your rights under these Terms. Gain The Edge remains your counterparty for the subscription, and all of our obligations in Section 5, including self-serve cancellation, apply regardless of where you purchased.
We operate an affiliate program through HighLevel. Affiliates are independent third parties, not our employees or agents, and they have no authority to make representations, promises, or commitments on our behalf. Statements made by an affiliate are not our statements and do not modify these Terms. If you were referred by an affiliate, your agreement remains with us on these Terms alone. Affiliates are bound by a separate SalesMetric.ai Affiliate Program Agreement, which prohibits earnings claims and requires disclosure of their material connection to us. If you believe an affiliate has made a misleading claim about the Service, please report it to [email protected].
We aim to keep the Service available and reliable but we do not guarantee uninterrupted access. The Service is provided without a formal uptime commitment unless one is set out in a separate written agreement covering your account.
We may perform scheduled maintenance and will make reasonable efforts to provide advance notice for maintenance expected to cause meaningful downtime. Emergency maintenance may occur without notice.
Support is provided by email at [email protected] during standard business hours, Monday through Friday, excluding holidays. Response targets vary by subscription tier as described on our pricing page. Support does not include sales consulting, methodology coaching, or custom development, which are available separately through Gain The Edge.
We may add, modify, or discontinue features at any time. For changes that materially reduce core functionality of your subscribed tier, we will provide at least 30 days' notice, and if you do not accept the change you may cancel and receive a pro-rata refund of prepaid fees for the remainder of your term.
Features labeled beta, preview, or early access are provided as-is, may be unstable, may be discontinued, and are excluded from any warranty, service commitment, or support obligation.
Our collection and use of information is described in the SalesMetric.ai Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge that you have read and understood it.
Data Processing Agreement. Customers who require a DPA, including GDPR Article 28 terms and Standard Contractual Clauses, may request one at [email protected]. An executed DPA supplements these Terms and controls in the event of a conflict regarding processing performed on your behalf.
Data export. You may export your call data and reports at any time during your subscription. After termination, we will make your data available for export for 30 days on written request, after which deletion proceeds per our retention schedule.
Security. We maintain the technical and organizational measures described in our Privacy Policy. You are responsible for the security of your credentials, your workspace membership, and the devices your users use to access the Service.
SalesMetric.ai is an analytics and coaching tool. It is not a guarantee of sales performance, revenue, close rates, or business outcomes.
Your results depend on factors outside our control, including your effort, your team's implementation, your offer, your market, your pricing, competition, economic conditions, and matters we cannot predict. Any figures, benchmarks, case studies, or testimonials we present are illustrative and are not typical, promised, or guaranteed. Your results may differ substantially.
Transcription and AI analysis are probabilistic and imperfect. Transcripts contain errors. Analysis can misattribute statements, miss context, misread tone or intent, and produce scores a skilled human coach would dispute. Output is generated automatically and no person reviews it before it is delivered to you.
You should not rely on Output as the sole basis for any consequential decision. Verify against the underlying recording. Apply human judgment. Output is a starting point for coaching conversations, not a determination of fact about what occurred on a call or about any person's ability.
The Service does not provide legal, financial, accounting, tax, employment, or compliance advice. Consult appropriately licensed professionals.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT TRANSCRIPTS OR ANALYSIS WILL BE ACCURATE OR COMPLETE.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
12.1 GAIN THE EDGE, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING FROM OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS.
12.3 WE ARE NOT LIABLE FOR ANY CLAIM ARISING FROM YOUR RECORDING PRACTICES, YOUR FAILURE TO OBTAIN CONSENT, YOUR USE OF OUTPUT IN AN EMPLOYMENT DECISION, OR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE THAT YOU SELECT, CONNECT, OR CONTRACT WITH DIRECTLY, INCLUDING YOUR TWILIO ACCOUNT. THIS SECTION 12.3 DOES NOT LIMIT OUR RESPONSIBILITY FOR OUR OWN SUBPROCESSORS AS SET OUT IN OUR PRIVACY POLICY AND IN ANY EXECUTED DATA PROCESSING AGREEMENT.
12.4 These limitations apply regardless of whether a limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk that forms an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will indemnify, defend, and hold harmless Gain The Edge, its members, officers, employees, contractors, and affiliates from and against any claim, demand, action, investigation, fine, penalty, loss, damage, liability, cost, or expense, including reasonable attorneys' fees, arising from or relating to:
(a) Your breach of these Terms or of any representation or warranty in them; (b) Your Customer Content, including any claim that it was unlawfully recorded, obtained, retained, or disclosed; (c) Your violation of any law or of the rights of any third party, including any call participant; (d) Your use of Output in any employment, personnel, or compensation decision; (e) Any dispute between you and a user you invited to your workspace; (f) Your use or misuse of the Service.
We will notify you of any claim subject to this section, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes an obligation or admission on us without our written consent.
We may modify these Terms. Changes take effect when posted with an updated "Last Updated" date, except that for material changes we will provide at least 15 days' advance notice by email to the address associated with your account or by prominent in-platform notice.
Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, cancel your subscription before the effective date. We will not apply material changes retroactively to your existing paid term in a way that increases your fees mid-term.
These Terms begin when you first access the Service and continue until your account is terminated.
Cancel at any time through your billing settings or by emailing [email protected]. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate your access, with or without notice depending on severity, if:
We may also discontinue the Service entirely on 60 days' notice, in which case we will refund the unused prepaid portion of your subscription.
On termination, your license to use the Service ends immediately and your access is revoked. Outstanding fees remain due. You may request an export of your data within 30 days of termination. After that period, deletion proceeds per the retention schedule in our Privacy Policy.
If we terminate for your breach, no refund is due.
Sections 4 (recording consent and indemnity), 5 (accrued payment obligations), 6 (intellectual property), 7 (acceptable use, as to conduct during the term), 10 (data), 11 (disclaimers), 12 (limitation of liability), 13 (indemnification), 15.4 (effect of termination), 16 (dispute resolution), 17 (governing law), and 18 (general provisions) survive termination.
Except for the claims described in Section 16.3, before filing a claim, contact us at [email protected] with a written description of the dispute and the relief you seek. We will work in good faith to resolve it. If it is not resolved within 60 days, either party may proceed under Section 16.2.
Please read this section carefully. It affects your legal rights.
Except as provided in Section 16.3, any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration rather than in court.
Either party may:
You and we agree that any dispute will be brought on an individual basis only. You waive any right to participate in a class action, class arbitration, collective action, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will be severed from arbitration and heard in court, and the remainder of this Section 16 will continue to apply.
To the extent permitted by law, any claim arising from or relating to the Service or these Terms must be filed within two years after the claim arose, or it is permanently barred.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where arbitration does not apply, the state and federal courts located in Sacramento, California have exclusive jurisdiction, and you consent to personal jurisdiction there.
If you are a consumer resident in a jurisdiction whose law grants you mandatory protections that cannot be waived by contract, nothing in these Terms deprives you of those protections.
18.1 Entire Agreement. These Terms, together with the Privacy Policy, the pricing page, and any executed order form, DPA, or master services agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on that subject.
18.2 Order of Precedence. In the event of conflict, the order of precedence is: (1) an executed order form or master services agreement; (2) an executed DPA, as to data processing; (3) the pricing page, but only as to the price, tier composition, usage limits, and included features of a subscription; (4) these Terms; (5) the Privacy Policy; (6) other documentation.
18.3 Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in full effect.
18.4 Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
18.5 Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger or sale of substantially all assets, on written notice to us. We may assign these Terms to any affiliate or successor. Any attempted assignment in violation of this section is void.
18.6 Force Majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disasters, acts of war or terrorism, epidemics, labor disputes, internet or utility outages, and failures of third-party infrastructure providers. Payment obligations are not excused.
18.7 Independent Contractors. Nothing creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
18.8 No Third-Party Beneficiaries. These Terms do not confer rights on any third party.
18.9 Notices. We may give notice by email to the address on your account, by posting in the platform, or by posting on the website. You must give notice to [email protected], with a copy by mail to the registered agent address below for any legal notice. Notice is effective on receipt, or 24 hours after sending by email if no bounce is received.
18.10 Export Compliance. You represent that you are not located in, and will not use the Service from, a country subject to a United States embargo, and that you are not on any United States government restricted party list.
18.11 Government Users. If you are a United States government entity, the Service is commercial computer software and commercial computer software documentation, and your rights are limited to those granted to all other users under these Terms.
18.12 Headings. Section headings are for convenience only and do not affect interpretation.
California residents may have additional rights, including rights under the California Consumer Privacy Act as described in our Privacy Policy, the right to request information about our business practices, and the right to opt out of the sale of personal data. We do not sell personal data.
Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
Legal and contract matters: [email protected] Support and billing: [email protected] Website: salesmetric.ai
Postal address: Gain The Edge, LLC 4834 Nebraska Ln Fair Oaks, CA 95628
Registered agent, for legal notices: 680 W. Nye Ln., Suite 201 Carson City, NV 89703
By creating an account or using SalesMetric.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
SalesMetric.ai is a product of Gain The Edge, LLC.
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