Terms of Service

What FirstPass provides.

FirstPass is an AI-powered sales training platform designed to help sales teams improve performance through realistic practice, structured feedback, and continuous learning.

The specific features available to your organization depend on your subscription plan. Feature availability is described on our Plans page and in your order agreement.

By using FirstPass, you agree to these terms.

These Terms of Service constitute a binding agreement between you and FirstPass. By accessing or using the platform, you confirm that you accept these terms and agree to comply with them.

If you are using FirstPass on behalf of an organization, you represent that you have authority to bind that organization to these terms. The term "you" refers to both you individually and the organization you represent.

If you do not agree to these terms, you must not access or use the platform. Continued use of the platform after any modifications to these terms constitutes acceptance of the updated terms.

One person, one account, accurate information.

Your account is personal to you. Maintaining its accuracy and security is your responsibility.

• You must provide accurate, current, and complete information during registration Including your legal name, valid email address, and organizational affiliation
• Each account is for a single individual and may not be shared Shared credentials undermine audit trails and violate these terms
• You are responsible for maintaining the security of your account credentials Use a strong, unique password and enable SSO when available through your organization
• You must notify FirstPass immediately of any unauthorized access Contact us at shaun@myfirstpass.com if you suspect your account has been compromised
• You must be at least 18 years old to create an account FirstPass is designed for professional sales training and is not intended for minors

FirstPass reserves the right to suspend or terminate accounts that contain inaccurate information, are shared between individuals, or are otherwise used in violation of these terms.

Use the platform as intended. Don't try to break it.

FirstPass is built for professional sales training. You agree to use it for its intended purpose and to refrain from activities that compromise the platform, other users, or the integrity of AI-generated content.

Prohibited activities

You agree not to:

• Attempt prompt injection or manipulation of AI system instructions Do not attempt to override, extract, or modify the underlying prompts or system behavior of AI features
• Upload malicious content, malware, or harmful files All uploaded content must be legitimate sales training material relevant to your organization's use case
• Attempt unauthorized access to other accounts, organizations, or platform infrastructure Access is scoped to your organization. Do not attempt to access data belonging to other tenants
• Use the platform to harass, abuse, or generate harmful content AI practice sessions must be used for professional development, not to generate inappropriate or offensive material
• Reverse-engineer, decompile, or attempt to extract source code from the platform The platform and its underlying technology are proprietary to FirstPass
• Use automated scripts, bots, or scrapers to access the platform Except through documented APIs with valid authentication and within published rate limits
• Resell, sublicense, or redistribute access to the platform Your subscription is for your organization's internal use only

Your data belongs to you. We don't use it to train models.

You retain full ownership of all data you and your organization upload to or generate through the FirstPass platform. We process your data solely to provide the service.

What you own

• Call transcripts and recordings uploaded to the platform Including any annotations, tags, or metadata your team adds
• Practice session transcripts and performance scores All AI-generated feedback based on your sessions belongs to your organization
• Organization configurations, scoring models, and persona definitions The training content and frameworks you build within the platform are yours
• Coaching notes, assignments, and team performance data Manager-created content and organizational analytics remain your property

How we handle your data

AI output is advisory. Not a substitute for human judgment.

FirstPass uses artificial intelligence to generate practice conversations, performance feedback, and learning recommendations. This content is designed to support professional development, but it has inherent limitations.

Understanding AI limitations

• AI-generated feedback is advisory and should be reviewed by qualified managers Scores and assessments are generated by AI models and may not capture every nuance of a sales interaction
• Practice simulations are approximations, not predictions of real customer behavior AI personas are configured based on your inputs but do not guarantee accurate representation of actual buyers
• AI content should not be the sole basis for hiring, compensation, or termination decisions Performance data from FirstPass is intended to guide coaching, not to replace structured HR processes
• AI outputs may occasionally contain errors, inconsistencies, or biases We continuously improve our AI systems, but no AI system is infallible

We own the platform. You own your data.

The intellectual property rights in the FirstPass platform and your customer data are clearly delineated.

Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the platform for your organization's internal sales training purposes during the subscription term. This license does not include the right to modify, distribute, or create derivative works of the platform.

You grant FirstPass a limited license to process, store, and display your data solely as necessary to provide the service. This license terminates when your subscription ends and your data is deleted.

Both parties protect confidential information.

Each party may share confidential information with the other in the course of the relationship. Both parties agree to protect it.

What constitutes confidential information

Confidential information includes any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that a reasonable person would understand to be confidential. This includes, but is not limited to:

• Your organization's sales methodologies, product positioning, and competitive intelligence Training content shared with FirstPass to configure practice scenarios
• Practice transcripts, performance data, and coaching notes All content generated through your organization's use of the platform
• FirstPass platform architecture, security practices, and business terms Technical and commercial information shared with you during onboarding or support

Obligations

The receiving party agrees to protect confidential information with at least the same degree of care it uses for its own confidential information, and no less than a reasonable standard of care. Confidential information may only be disclosed to employees, contractors, or agents who need to know it and who are bound by confidentiality obligations at least as protective as these terms.

Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party without restriction, or required to be disclosed by law.

Standard SaaS liability limitations apply.

To the extent permitted by applicable law, the following limitations apply to all claims arising under or related to these terms.

Exclusion of indirect damages

Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to these terms, regardless of the theory of liability and even if the party has been advised of the possibility of such damages.

Cap on direct damages

Each party's total cumulative liability for all claims arising under or related to these terms will not exceed the total amount paid by you to FirstPass during the twelve (12) months immediately preceding the event giving rise to the claim.

Exceptions

These limitations do not apply to: (a) either party's indemnification obligations, (b) either party's breach of confidentiality obligations, (c) your payment obligations, or (d) claims arising from your violation of the acceptable use policy.

Either party can terminate. Your data stays accessible for 30 days.

These terms remain in effect for the duration of your subscription. Either party may terminate the agreement under the conditions described below.

Termination by you

You may terminate your subscription at any time by providing written notice to FirstPass. Termination takes effect at the end of your current billing period. No refunds are provided for partial billing periods unless required by applicable law.

Termination by FirstPass

FirstPass may terminate or suspend your access immediately if you materially breach these terms, fail to pay fees when due (after reasonable notice), or engage in activity that threatens the security or integrity of the platform. For non-material breaches, FirstPass will provide 30 days' notice and an opportunity to cure.

After termination

Sections that by their nature should survive termination will survive, including data ownership, intellectual property, confidentiality, limitation of liability, and governing law.

We may update these terms. You'll be notified.

FirstPass may modify these Terms of Service from time to time. We are committed to providing reasonable notice of material changes.

• Material changes will be communicated at least 30 days before they take effect Via email to your account's registered address and/or through an in-platform notification
• Non-material changes (formatting, clarification) may be made at any time The "last updated" date at the top of this page will always reflect the most recent revision
• Continued use after the effective date constitutes acceptance If you do not agree to updated terms, you must stop using the platform before the changes take effect
• Prior versions are available upon request Contact us if you need to reference a previous version of these terms

State of Delaware, United States.

These terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising under or related to these terms will be resolved in the state or federal courts located in the State of Delaware, and each party consents to the exclusive jurisdiction of those courts.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days after written notice of the dispute.

Questions about these terms?

If you have questions about these Terms of Service or need to send us legal notices, reach out directly.