Terms of Service
Effective date: July 14, 2026
Last updated: July 14, 2026
1. Agreement to These Terms
These Terms of Service (“Terms”) form a binding agreement between you (“you” or the “Customer”) and Gavin VanderLaan d/b/a Coldvise (“we,” “us,” or “our”) governing your access to and use of Coldvise, including the web application and the Windows desktop application (collectively, the “Service”). By creating an account, clicking to accept, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.
2. Description of the Service
Coldvise is an AI-assisted tool for sales calls. During a call, the Service captures and transcribes audio from both sides of the conversation (your microphone input and your system/output audio, the other participants) and uses that transcript, together with any context you provide, to generate live suggestions and post-call debriefs. Speech-to-text is performed by our transcription provider, and suggestions and debriefs are generated by a third-party large language model. The Service also lets you upload and manage sales scripts, CRM and lead data, notes, and documents, and may include a partner or referral program.
AI-generated output is produced by automated systems and may be inaccurate, incomplete, outdated, or otherwise unsuitable for a given situation. It is provided for assistance only and is not professional, legal, financial, or other advice. See Section 11.
3. Eligibility & Accounts
- You must be at least 18 years old and able to form a binding contract to use the Service.
- You are responsible for the accuracy of your account information and for keeping your login credentials secure.
- You are responsible for all activity that occurs under your account, including use of the desktop application on your device.
- You must notify us promptly at gvanderlaan22@gmail.com of any unauthorized use of your account.
4. Recording & Consent Responsibility (Important)
The Service records and transcribes both sidesof your calls: your audio and the audio of every other participant. Laws governing the recording of calls and conversations vary widely by jurisdiction. Some jurisdictions permit recording with the consent of only one party, while others, including certain U.S. states with “two-party” or “all-party” consent requirements, require the consent of some or all parties to the call.
You are solely responsible for determining what consent is required and for obtaining consent from ALL call participants where applicable law requires it before recording or transcribing any call. You represent and warrant that you have obtained all such consents. Using the Service to record or transcribe any person without the consent required by applicable recording, wiretapping, eavesdropping, or privacy laws is a prohibited use and a material breach of these Terms. You agree to indemnify us for claims arising from your failure to comply, as described in Section 13.
5. Acceptable Use
You agree not to:
- Use the Service in violation of any applicable law or regulation, including call-recording, wiretapping, eavesdropping, telemarketing, do-not-call, consumer-protection, and privacy laws.
- Record or transcribe any person, or any side of a call, without obtaining every consent required by law (see Section 4).
- Upload, submit, or process any content, script, CRM or lead data, note, or document that you do not have the right to use or that infringes the rights of others.
- Use the Service to harass, defraud, or mislead any person, or to make unsolicited communications in violation of law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law.
- Interfere with, disrupt, overload, probe, or attempt to gain unauthorized access to the Service, our systems, or the systems of our providers.
- Resell, sublicense, rent, or share access to the Service except as expressly permitted, including any misuse of the partner or referral program.
- Use the Service to develop a competing product or to train a competing machine-learning model.
6. Membership, Credits & Usage-Based Billing
- Membership. The Service is offered on a recurring membership that renews automatically each billing period until cancelled.
- Included monthly credit. Each billing period includes a set amount of usage credit. Unused included credit does not roll over and resets at the start of each billing period.
- Credit packs.You may purchase additional one-time usage credit (“credit packs”). Purchased credit is applied only after the included monthly credit for that period is used and does not expire at a billing-period boundary.
- Metered usage. Usage is metered based on the underlying AI and transcription costs (for example, per hour of transcribed audio and per unit of AI processing) and is drawn first from the included monthly credit, then from purchased credit.
- Free trial. If a free trial is offered, it may convert to a paid membership unless cancelled before it ends. We may modify, limit, or discontinue trials to prevent abuse.
- Price changes. We may change membership prices, credit-pack prices, or metering rates on prospective notice; changes take effect at your next renewal.
7. Payments, Renewals & Cancellation
Payments are processed by our third-party payment processor. By providing a payment method, you authorize us and our processor to charge the applicable fees, including recurring membership fees, metered usage, and any credit-pack purchases, plus applicable taxes. You are responsible for keeping your payment method current. You may manage or cancel your membership at any time through the billing portal; cancellation takes effect at the end of the current billing period, and you retain access until then.
8. Refunds
Except where required by law, fees, metered usage, and credit-pack purchases are non-refundable, and partial billing periods are not prorated. Purchased credit has no cash value and is not redeemable for cash. We may, in our sole discretion, issue a refund or account credit in individual cases; doing so does not obligate us to do so in any other case.
9. Your Content & License to Us
As between you and us, you retain all ownership of the content you provide to or generate through the Service, including your call transcripts, AI debriefs generated for you, uploaded sales scripts, CRM and lead data, notes, and documents (“Customer Content”). You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely to operate, secure, and provide the Service to you, including sending the necessary content to our transcription and AI providers to generate output. We do not sell your Customer Content and do not use your call content to train our own models. You are responsible for your Customer Content and for having the rights necessary to submit it.
10. Our Intellectual Property
We and our licensors own the Service and all related software, models, interfaces, and intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.
11. AI Output Disclaimer
Suggestions, transcripts, and debriefs generated by the Service are assistive only. We do not warrant that AI-generated output is accurate, complete, current, or fit for any purpose, and transcription may contain errors. The Service does not guarantee any sales outcome, revenue, or result. You are solely responsible for what you say and do on your calls, for reviewing and verifying any AI-generated output before relying on it, and for all decisions you make. You should not rely on the Service as a substitute for professional, legal, financial, or compliance advice.
12. Service Availability & Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR RELIABLE. The Service depends on third-party providers and networks, and we may modify, suspend, or discontinue features, including during maintenance or outages, without liability.
13. Limitation of Liability & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Gavin VanderLaan d/b/a Coldvise and its officers, employees, and providers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your Customer Content; (c) your violation of these Terms or applicable law; and (d) your failure to obtain any consent required to record or transcribe a call under applicable recording, wiretapping, or privacy laws.
14. Suspension & Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, if required to protect the Service, other users, or our providers, or if your account is inactive or associated with fraud or abuse. You may stop using the Service and delete your account at any time. Upon termination, your license to use the Service ends. Provisions that by their nature should survive, including Sections 9 through 13, 15, and 16, will survive termination.
15. Changes to the Service or These Terms
We may modify the Service or these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules. Subject to any right you have to bring a claim in small-claims court, any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state and federal courts located in Kent County, Michigan, and you consent to their personal jurisdiction and venue.
17. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact Us
Questions about these Terms? Contact us at gvanderlaan22@gmail.com, Gavin VanderLaan d/b/a Coldvise, 8855 Heirloom Dr SW, Byron Center, MI 49315, USA.