Terms of Service

Effective: June 16, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "user") and blinkq, Inc. ("blinkq," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading, installing, or using blinkq, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

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

You must be at least 16 years old to use our Services.

2. Description of Services

blinkq provides real-time sales coaching through a desktop application that:

  • Transcribes audio from your microphone and system audio during active calls
  • Analyzes conversation context using AI to generate coaching hints
  • Displays hints on a private overlay visible only to you
  • Provides post-call analysis and debrief reports

blinkq does not join your calls as a participant. We do not record, store, or transmit audio except as necessary for real-time processing during active sessions.

Important: blinkq is a coaching tool, not a call recording service. Audio is processed in real-time for coaching purposes and is not stored after your session ends (unless you explicitly enable post-call analysis).

3. Your Account

3.1 Account Creation

To use blinkq, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3.2 Account Security

You agree to:

  • Use a strong, unique password
  • Notify us immediately of any unauthorized access
  • Not share your account credentials with others
  • Not attempt to access accounts you don't own

3.3 Account Responsibilities

You are solely responsible for:

  • The accuracy of your account information
  • All activities that occur under your account
  • Ensuring your use complies with these Terms

4. Acceptable Use

You agree NOT to use blinkq to:

  • Violate laws or regulations: Use the service for illegal purposes or in violation of any applicable law
  • Infringe intellectual property: Use content that infringes on third-party copyrights, trademarks, or patents
  • Harass or discriminate: Generate hints promoting harassment, discrimination, or illegal discrimination
  • Collect data illegally: Use blinkq to capture audio or data without proper consent
  • Attempt unauthorized access: Probe, scan, or breach security measures
  • Interfere with service: Overload, crash, or disrupt our infrastructure
  • Resell the service: Sublicense, resell, or provide access to blinkq without authorization

4.1 Recording Laws Compliance

You are responsible for complying with applicable call recording laws in your jurisdiction. Some jurisdictions require consent from all parties before recording conversations. blinkq does not record calls — it processes audio in real-time for coaching. However, if you enable post-call transcription storage, you must ensure compliance with applicable laws.

Consult the Consent Guide for jurisdiction-specific requirements.

5. Payment & Billing

5.1 Pricing

Pricing for paid plans is displayed on our website and in the application. Prices are subject to change with 30 days notice. All prices are in USD unless otherwise stated.

5.2 Subscriptions

  • Subscriptions automatically renew unless cancelled
  • You authorize us to charge your payment method on file
  • Refunds are prorated for unused time if you downgrade or cancel mid-cycle
  • No refunds for partial months, except as required by law

5.3 Failed Payments

If payment fails, we may suspend your account after 7 days. You remain responsible for all fees until account closure.

5.4 Price Changes

We may change pricing with 30 days advance notice. Price changes apply to the next billing cycle after notice.

6. Intellectual Property

6.1 Our Intellectual Property

blinkq and its content, features, functionality, software, and documentation are owned by us and protected by copyright, trademark, and other intellectual property laws.

You receive a limited, non-exclusive, non-transferable license to use blinkq for its intended purpose. You do not acquire any ownership rights.

6.2 Your Content

You retain ownership of content you input into blinkq (product descriptions, ICP, playbook content). You grant us a limited license to use this content to provide the Services.

6.3 Feedback

If you provide suggestions, ideas, or feedback about our Services, we may use them without obligation to you.

6.4 Trademarks

The blinkq name, logo, and related marks are our trademarks. You may not use them without prior written permission.

7. Privacy & Data

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your information. By using our Services, you agree to our data practices as described in the Privacy Policy.

8. Warranties & Disclaimers

8.1 Our Warranties

We warrant that:

  • We have the right to provide the Services
  • The Services will perform substantially as described
  • We will use commercially reasonable efforts to maintain service availability

8.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Coaching hints will be accurate, appropriate, or beneficial
  • Results from using the Service will meet your expectations
  • Any errors will be corrected

We are not responsible for the outcome of your sales calls. Coaching hints are suggestions only — you exercise your own judgment in every situation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, blinkq SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, or consequential damages: Including loss of revenue, profits, data, or business opportunities
  • Damages exceeding fees paid: Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • Third-party actions: We are not liable for actions of third parties, including Deepgram, OpenRouter, or payment processors
  • User actions: We are not liable for decisions you make based on coaching hints

This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless blinkq and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your misuse of the Services
  • Your violation of applicable laws
  • Content you input into the Services

11. Termination

11.1 Termination by You

You may close your account at any time through the application or by emailing support@blinkq.app. Upon closure, we will delete your data per our retention policy.

11.2 Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in illegal activity
  • Fail to pay fees when due
  • Pose a security risk to our systems or users

11.3 Effect of Termination

Upon termination, your access to the Services ends immediately. We are not obligated to provide refunds for unused time. Sections 5-9 and 11-14 survive termination.

12. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via:

  • Email notification to your registered address
  • In-app notification
  • Posting updated Terms on our website

Changes take effect 30 days after notice. Your continued use after changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Francisco County, California, or federal courts in the Northern District of California.

You agree to waive any objection to personal jurisdiction in these courts.

13.1 Dispute Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally. If we cannot resolve it within 30 days, either party may proceed with formal dispute resolution.

13.2 Arbitration

For users in the United States, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to data.

14. Contact Information

For questions about these Terms, contact us:

blinkq, Inc.
123 Market Street, Suite 400
San Francisco, CA 94105
Email: legal@blinkq.app