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