Terms of Service
PreSales.IO Service Agreement
Last Updated: January 1, 2025
Welcome to PreSales.IO. These Terms of Service ("Terms") govern your access to and use of PreSales.IO's website, products, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using PreSales.IO, 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, you may not access or use the Service.
We reserve the right to update these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
2. Description of Service
PreSales.IO is an AI-powered presales automation platform that provides:
- Automated transcription and analysis of sales calls
- AI-generated proposal creation and customization
- CRM integration and data synchronization
- Analytics and insights on sales performance
- Team collaboration and workflow management tools
The Service is provided on a subscription basis and may include various tiers with different features and usage limits as described in our pricing page.
3. User Accounts and Registration
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring all information provided is accurate and up-to-date
You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.
4. Subscription and Billing
4.1 Subscription Plans
PreSales.IO offers various subscription plans (Starter, Pro, Enterprise) with different features and pricing. Plans may be billed monthly or annually. Annual plans receive a 20% discount compared to monthly billing.
4.2 Payment Terms
- Payment is due at the beginning of each billing cycle
- All fees are non-refundable except as required by law
- Prices are subject to change with 30 days' notice
- You authorize us to charge your payment method automatically
- Failed payments may result in service suspension
4.3 Plan Changes
You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle.
4.4 Cancellation
You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. You will continue to have access to the Service until the end of your paid period.
5. Free Trial Terms
PreSales.IO offers a 14-day free trial for new users. During the trial:
- No credit card is required to start the trial
- You have full access to the features of your selected plan
- You may cancel at any time during the trial period
- The trial automatically expires after 14 days
- To continue using the Service, you must subscribe to a paid plan
Free trials are limited to one per user or organization. We reserve the right to deny trial access to users who have previously used a trial or who we suspect of trial abuse.
If you do not subscribe to a paid plan before the trial ends, your access will be limited, and your data will be retained for 30 days before deletion.
6. User Conduct
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service or servers
- Use automated systems to scrape or extract data
- Share your account credentials with unauthorized users
- Resell or redistribute the Service without permission
- Upload content that is illegal, harmful, or offensive
- Record calls without proper consent from all participants
Violation of these terms may result in immediate suspension or termination of your account without refund.
7. Recording Consent and Compliance
CRITICAL LEGAL NOTICE:
Recording calls without proper consent is illegal in many jurisdictions and may result in civil and criminal penalties. You are solely responsible for complying with all applicable recording consent laws in your jurisdiction and the jurisdiction of all call participants.
7.1 Your Responsibility for Consent
By using PreSales.IO's call recording features, you acknowledge and agree that:
- You are solely responsible for obtaining all legally required consents before recording any call, meeting, or conversation
- You must verbally announce to all participants that the call is being recorded before enabling the recording feature
- You must obtain explicit consent from all participants in jurisdictions that require all-party consent (such as California, Florida, Illinois, and many others)
- You understand that recording laws vary significantly between jurisdictions and it is your responsibility to know and comply with the laws applicable to your situation
- PreSales.IO cannot and does not provide legal advice regarding consent requirements
7.2 Consent Enforcement
Our recording feature includes the following compliance safeguards:
- Mandatory consent acknowledgment: Users must confirm they have obtained consent before each recording can begin
- Jurisdiction selection: Users must indicate their consent jurisdiction type (all-party, one-party, or international)
- Persistent recording indicator: A visible indicator is displayed throughout the recording to ensure transparency
- Consent audit trail: All consent acknowledgments are logged with timestamps and cannot be disabled
7.3 Jurisdiction-Specific Requirements
Recording consent laws generally fall into two categories:
All-Party Consent
All participants must consent to the recording. Examples include:
- California (USA)
- Florida (USA)
- Illinois (USA)
- Most EU countries (GDPR)
- United Kingdom
- Canada (in most provinces)
One-Party Consent
Only one participant needs to consent (can be the person recording). Examples include:
- Texas (USA)
- New York (USA)
- Most other US states
Important: When participants are in different jurisdictions, the strictest consent requirements apply. When in doubt, always default to all-party consent to ensure compliance.
7.4 GDPR and International Compliance
For calls involving participants in the European Union, United Kingdom, or other jurisdictions with data protection regulations:
- Explicit consent must be obtained from all participants before recording begins
- Participants must be informed of the purpose of the recording and how data will be processed
- Participants have the right to withdraw consent and request deletion of recordings
- Data processing agreements may be required between your organization and PreSales.IO
7.5 Indemnification
You agree to indemnify, defend, and hold harmless PreSales.IO and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your failure to obtain proper consent before recording any call
- Your violation of any applicable recording consent laws
- Any claims by third parties related to recordings you have made
- Your misrepresentation of consent acknowledgment within the Service
7.6 Recommended Best Practices
To minimize legal risk, we strongly recommend:
- Always announce recording at the beginning of every call, regardless of jurisdiction
- Use our provided consent script template to ensure consistent and clear disclosure
- Document consent in meeting invites and calendar events in advance when possible
- Consult with legal counsel regarding the specific requirements in your jurisdictions
- If any participant objects to recording, proceed without recording or end the call
- Regularly review and update your consent practices as laws change
Disclaimer:
This section is provided for informational purposes only and does not constitute legal advice. Laws regarding recording consent vary significantly by jurisdiction and are subject to change. We strongly recommend consulting with a qualified attorney to understand the specific requirements that apply to your situation.
8. Intellectual Property
8.1 Our Property
The Service, including all software, designs, text, graphics, logos, and other content, is owned by PreSales.IO and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
8.2 Your Content
You retain all rights to content you upload to the Service (call recordings, transcripts, proposals, etc.). By uploading content, you grant us a limited license to:
- Store, process, and transmit your content to provide the Service
- Use aggregated, anonymized data to improve our AI models
- Create backups for disaster recovery purposes
We will never share your content with third parties except as necessary to provide the Service (e.g., cloud storage providers) or as required by law.
9. Service Availability (SLA)
We strive to provide reliable, uninterrupted service:
- Starter and Pro plans: We target 99.5% uptime
- Enterprise plan: We guarantee 99.9% uptime with SLA credits
- Scheduled maintenance will be announced at least 48 hours in advance
- Emergency maintenance may occur without notice
The Service is provided "as is" and "as available." We do not guarantee error-free or uninterrupted operation. We are not liable for downtime, except as specified in Enterprise SLA agreements.
For Enterprise customers, SLA terms and credits are detailed in your individual service agreement.
10. Limitation of Liability
To the maximum extent permitted by law:
- PreSales.IO shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability is limited to the amount you paid us in the 12 months prior to the claim
- We are not responsible for data loss, business interruption, or lost profits
- You are responsible for maintaining backups of your critical data
Important Notice:
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.
11. Termination
11.1 By You
You may terminate your account at any time through your account settings or by contacting support. Your access will continue until the end of your current billing period.
11.2 By Us
We may suspend or terminate your account immediately if:
- You violate these Terms
- Your payment fails and you do not update your payment method
- We are required to do so by law
- We determine your use poses a security risk
11.3 Effect of Termination
Upon termination, your access to the Service will cease, and your data will be retained for 30 days before permanent deletion. You may request a data export during this period.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
You agree to waive your right to participate in class actions or class arbitrations.
13. Contact Information
If you have questions about these Terms, please contact us:
Email
legal@pre-sales.ioWebsite
https://pre-sales.ioMailing Address
PreSales.IO Inc.
2035 Sunset Lake Road, Suite B-2
Newark, DE 19702
United States
By using PreSales.IO, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.