1. Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Member,” “you,” or “your”) and Turpin Communication, Inc. (“Turpin”), an Illinois corporation (“we,” “us,” or “our”), governing your access to and use of the eCoach Communication Toolkit (“eCoach” or the “Service”), including all related content, tools, courses, and services.

By creating an account, purchasing a subscription, or otherwise accessing the Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity (an “Administrator”), you represent and warrant that you have the authority to bind that entity, in which case “you” and “your” refer to that entity.

 

2. Eligibility

You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old. This minimum age requirement also aligns with the eligibility requirements of Yoodli, Inc., the third-party provider of the TurpinBot AI feature described in Section 7.

 

3. Subscriptions and Payment

3.1 Subscription Term

All eCoach subscriptions, whether Individual or Business, are sold on an annual basis. Unless renewed in accordance with Section 3.4, a subscription automatically expires twelve (12) months from the date of purchase.

Certain Business Accounts may be provided in connection with a separately purchased live training workshop, in which case the subscription term may differ from the standard twelve (12) month term and will be specified in the applicable order or agreement.

3.2 Free Trial

The Service does not include a free trial period. Access to the Service begins upon payment of the applicable subscription fee.

3.3 No Refunds

All subscription fees are non-refundable, including in the event of early cancellation, non-use, or dissatisfaction with the Service. By subscribing, you acknowledge and accept this no-refund policy.

3.4 Renewal

Subscriptions do not renew automatically. To continue access beyond the applicable subscription term, a Member must affirmatively renew by updating their account information and submitting payment for a new subscription term prior to or upon expiration. Turpin is under no obligation to provide advance notice of an upcoming expiration, though it may do so as a courtesy.

3.5 Pricing

Current subscription pricing for Individual and Business plans is published on the eCoach marketing page and/or checkout pages and is subject to change. Any pricing change will apply prospectively to future subscription terms and will not affect a subscription term already paid for. Pricing remains the same regardless of whether TurpinBot is enabled or disabled for a Business Account under Section 7.6.

 

4. Individual and Business Accounts

4.1 Individual Members

An Individual Member purchases and maintains their own subscription for personal use. The Individual Member is solely responsible for all activity occurring under their account.

4.2 Business Accounts — General

An Administrator purchases a multi-seat subscription consisting of a number of seats (“Seats”) corresponding to the volume tier selected at the time of purchase, or, where applicable, the number of seats specified in connection with a live training workshop add-on under Section 3.1. Each Seat provides access to the Service for one individual user.

4.3 Administrator Role

The individual or entity that purchases a Business Account is, by default, the Administrator of that Business Account. The Administrator is responsible for:

(a) Assigning and reassigning Seats among individual users within their organization;

(b)   Ensuring that each Seat is used only by the individual to whom it is assigned;

(c) Maintaining accurate records of current Seat assignments; and

(d)   All compliance with these Terms by every individual assigned a Seat under the Business Account.

By default, the Administrator occupies one Seat under the subscription but may reassign that Seat to another individual at the Administrator’s discretion.

4.4 Seat Reassignment

The Administrator may reassign a Seat at any time, including in connection with personnel changes (for example, when an employee leaves the organization). Upon reassignment of a Seat:

(a) The previous Seat holder’s access to the Service is immediately revoked;

(b)   All data, progress, course history, saved materials, TurpinBot recordings and history, and any other account-specific data associated with the previous Seat holder’s use of the Service is permanently deleted and is not recoverable by Turpin, the Administrator, or the previous Seat holder; and

(c) The newly assigned Seat holder begins with a new, blank account associated with that Seat.

Turpin bears no liability for data lost as a result of Seat reassignment. Administrators and Business Members are solely responsible for any internal record-keeping or data export they wish to perform prior to reassigning a Seat.

4.5 Number of Seats

An Administrator is responsible for purchasing a number of Seats sufficient to cover the number of individuals it intends to provide access to. An Administrator may purchase additional Seats at any time through the admin area of the Service. Additional Seats purchased mid-term will be prorated so that all Seats under the Business Account expire on the same date. Turpin reserves the right to suspend access for any Business Account found to exceed its purchased Seat count.

 

5. Account Use and Restrictions

5.1 One Account, One User

Accounts and Seats are personal to the individual to whom they are assigned and may not be shared. A Member may not:

(a) Share their account login credentials with any other person, including coworkers, family members, or other Members;

(b)   Allow any other person to access the Service using their account; or

(c) Share links to eCoach resources, courses, downloads, or any other Service content with any person who is not a current Member with active access to the Service.

5.2 Consequences of Violation

Turpin reserves the right to suspend or terminate any account or Seat found to be in violation of Section 5.1, without refund, in accordance with Section 9.

5.3 Accurate Information

You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.

 

6. Intellectual Property

6.1 Ownership

All content made available through the Service, including without limitation videos, e-learning modules, tools, guides, templates, webinar recordings, podcasts, articles, resource bundles, and any other materials (collectively, “Training Content”), is the exclusive intellectual property of Turpin and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

From time to time, the Service may also make available resources created by third-party partners (“Partner Content”). Partner Content will be clearly labeled as provided by the applicable third party and remains the intellectual property of that partner, not of Turpin. Your use of any Partner Content is subject to this Section 6 unless otherwise indicated at the time the Partner Content is made available.

6.2 Limited License

Subject to your compliance with these Terms, Turpin grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Training Content solely for your own personal or internal business professional development, for so long as your subscription remains active.

6.3 Restrictions

You may not reproduce, distribute, publicly display, publicly perform, sell, license, sublicense, modify, create derivative works from, or otherwise exploit any Training Content, in whole or in part, except as expressly permitted under Section 6.2. Downloadable tools and guides may be retained and reused by the Member after download for so long as the Member’s use complies with these Terms, but may not be redistributed to non-Members.

6.4 Certificates of Completion

Certificates of completion are available, upon request, for certain on-demand courses and Live Instructor-Led Training Events, as identified within the Service. Availability of a certificate for any given course or event is at the discretion of Turpin and may change over time.

 

7. TurpinBot AI Coaching Feature

7.1 Description

TurpinBot is an AI-powered coaching companion included by default with all eCoach accounts. TurpinBot is provided through a third-party platform operated by Yoodli, Inc. (“Yoodli”) and allows Members to record, receive feedback on, and review their spoken communication (such as practice presentations, meetings, and high-stakes conversations).

7.2 Yoodli’s Terms Apply

Your use of TurpinBot is also governed by Yoodli’s Terms of Service, currently available at https://yoodli.ai/tos, and Yoodli’s Privacy Policy, as may be updated by Yoodli from time to time. By using TurpinBot, you agree to comply with Yoodli’s terms in addition to these Terms. Turpin does not control, and is not responsible for, the content of Yoodli’s terms or any changes Yoodli may make to them. We encourage you to review Yoodli’s current terms periodically.

7.3 Data Submitted to TurpinBot

Any recordings, transcripts, or other content you submit to or generate through TurpinBot (“AI Content”) is processed by Yoodli in accordance with Yoodli’s own terms and privacy policy, which may include rights for Yoodli to use such content to operate, improve, or train its underlying systems. By using TurpinBot, you acknowledge and consent to Yoodli’s handling of your AI Content as described in Yoodli’s terms, separate and apart from the handling of your other account data by Turpin.

7.4 Consent to Record Third Parties

Many uses of TurpinBot (for example, recording a live meeting, call, or presentation) may capture the voice, image, or statements of other people who are not Members and have not agreed to these Terms. You are solely responsible for:

(a) Obtaining any consent required by applicable law or organizational policy from any third party before recording them or sharing their statements through TurpinBot; and

(b)   Complying with all applicable recording, wiretapping, and privacy laws in your jurisdiction and the jurisdiction of any person you record, which may require one-party or all-party consent depending on location.

Turpin disclaims all liability arising from your failure to obtain such consent, and you agree to indemnify Turpin in accordance with Section 11 for any claim arising from your use of TurpinBot to record a third party without proper consent.

7.5 No Guarantee of Accuracy

TurpinBot feedback is generated by artificial intelligence and is provided for coaching and educational purposes only. Turpin does not guarantee the accuracy, completeness, or suitability of any AI-generated feedback for any particular purpose.

7.6 Disabling TurpinBot for Business Accounts

TurpinBot is enabled by default for all accounts. An Administrator may elect to disable TurpinBot for all Seats under its Business Account by notifying Turpin in writing (including by email) either before or after purchase. When disabled, TurpinBot is unavailable to every Seat holder under that Business Account; individual Seat holders may not enable or disable TurpinBot on their own. An Administrator may re-enable TurpinBot for its Business Account at any time by similarly notifying Turpin in writing. Disabling or re-enabling TurpinBot does not affect the subscription price. Individual Members may not disable TurpinBot.

 

8. Live, Instructor-Led Training Events

Certain Service offerings, including Office Hours, live Webinars, Live Instructor-Led Training Events, and Dress Rehearsal Coaching, involve live, instructor-led sessions. Some of these events require separate registration and may require an additional fee, even for active Members. Participation in any live event is governed by the separate registration terms presented to you at the time of registration for that event, which supplement and, in the event of a direct conflict regarding that specific event, control over these Terms.

 

9. Termination and Suspension

9.1 Termination by Turpin

Turpin may suspend or terminate your account or Seat, in whole or in part, at any time, without refund, if it determines, in its reasonable discretion, that you have violated these Terms, including but not limited to violations of Section 5 (Account Use and Restrictions) or Section 6 (Intellectual Property).

9.2 Effect of Termination

Upon termination or expiration of your account for any reason, your right to access the Service immediately ends, and any data, progress, or content associated with your account may be deleted in accordance with Section 4.4 and the standard data retention practices of Turpin.

9.3 Survival

Sections 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability and Indemnification), and 12 (Governing Law and Dispute Resolution) survive termination of these Terms.

 

10. Disclaimers

10.1 Educational Purpose

The Service provides business communication training and coaching content for general educational and professional development purposes. Turpin makes no representation or warranty regarding any specific outcome, career result, or performance improvement from use of the Service.

10.2 “As Is” Basis

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. TURPIN DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT PROVIDED THROUGH TURPINBOT.

10.3 Third-Party Services

The Service may incorporate or link to third-party tools and platforms, including Yoodli. Turpin is not responsible for the availability, performance, or practices of any third-party service, and your use of any third-party service is subject to that provider’s own terms.

 

11. Limitation of Liability and Indemnification

11.1 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURPIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF TURPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL CUMULATIVE LIABILITY OF TURPIN TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TURPIN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Indemnification

You agree to defend, indemnify, and hold harmless Turpin and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your use of the Service, including TurpinBot; or (c) your violation of any rights of a third party, including any failure to obtain consent to record a third party as described in Section 7.4.

 

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or related to the Service shall be governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, regardless of your country or place of residence.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and shall be conducted in Illinois, in English, before a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND TURPIN EACH AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall instead be resolved exclusively in the state or federal courts located in Illinois, and the parties consent to the personal jurisdiction of those courts.

12.4 International Members

If you are accessing the Service from outside the United States, you agree that the laws of the State of Illinois and the arbitration provisions above govern your relationship with Turpin, notwithstanding any mandatory consumer protection laws of your home jurisdiction, to the extent permitted by applicable law. If your local law nonetheless grants you protections that cannot lawfully be waived, this Section 12 applies only to the extent consistent with applicable mandatory law.

 

13. General Provisions

13.1 Changes to These Terms

Turpin may revise these Terms from time to time. Material changes will be communicated through the Service or via email to the address on file. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13.2 Entire Agreement

These Terms, together with the Privacy Policy of Turpin and any applicable event-specific registration terms (Section 8), constitute the entire agreement between you and Turpin regarding the Service.

13.3 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.4 No Waiver

The failure of Turpin to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.5 Assignment

You may not assign or transfer your rights under these Terms without the prior written consent of Turpin. Turpin may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13.6 Contact

Questions about these Terms may be directed to:

Turpin Communication, Inc.

9000 S Hoyne Ave

Chicago, IL 60643

info@turpincommunication.com