Terms & Conditions
By accessing, using, or installing Coach Pilot, you confirm that you have read, understood, and agree to be bound by these terms and conditions (Terms). If you do not agree, you must not access or use Coach Pilot or proceed with Set-Up Services. If you are accepting these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity. “You or your” refers to both individuals and legal entities as appropriate.
To proceed, you must affirmatively indicate your agreement to these Terms and Conditions by checking the box below labelled 'I have read and agree to the Terms and Conditions'. If you do not check this box, you will not be permitted to access or use Coach Pilot or proceed with Set-Up Services.
1. Definitions
In these Terms the following words have the following meaning:
Audit Call means our meeting with you to assess your Set-Up Services and Subscription Fees prior to the Subscription Term.
Australian Consumer Law means the uniform Australian legislation for consumer protection as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means any day (other than a Saturday or Sunday) when banks are generally open for business in Melbourne.
Confidential Information means all information of a confidential nature exchanged between the parties pursuant to the provision of Coach Pilot or the Services, whether in writing, electronically or orally, but does not include information that:
is or becomes public knowledge other than by a breach of these Terms;
b. is received from a third party who lawfully acquired it and who is under no obligation to restrict its disclosure; or
c. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party.
Coach Pilot means the proprietary AI-powered coaching agent owned by Coach Pilot Trading Pty Ltd (we, us or our) or its licensors;
Documentation means any documentation, whether in physical or electronic form, produced by us and made available to you specifying how Coach Pilot should be used.
Fees means the Subscription Fees, and the Set-Up Fees payable by you for Coach Pilot and the Set-Up Services respectively.
Intellectual Property means any patent, trade mark, service mark, copyright, design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in writing or spoken, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Privacy Law means any law that relates to privacy or to the collection, use, disclosure or handling of Personal Information in the jurisdiction where Coach Pilot is being accessed or the Set-Up Services are provided.
Set Up Services means the playbook customisation, AI setup, integration, team onboarding and other services agreed with us during your Audit Call.
Set-Up Fees means the fees you have agreed to pay for our Set Up Services from time to time, during the Subscription Term.
Site means our website located at https://www.coachpilot.com
Subscription Fees means the fees you have agreed to pay for your Users to access Coach Pilot during the Subscription Term as increased from time to time in accordance with clause 6.5.
Subscription Term means the period you have agreed to pay the Subscription Fees for the use of Coach Pilot as prescribed by clause 13.
User means you and your employees, contractors, agents, directors or officers who are granted access to use Coach Pilot in accordance with these Terms.
Your Data means any information, entered, provided, generated, transmitted, or displayed in Coach Pilot by your Users including company names, deal names, contact names, conversation transcripts, revenue figures and CRM field data.
Acceptance and Eligibility
2.1 By clicking “I Agree”, using, or accessing any part of Coach Pilot or the Services, you accept these Terms.
2.2 You must be at least 18 years old or have legal capacity to use Coach Pilot and the Services, and, where acting for a business, have authority to bind that organisation.
3. Licence and Use
In consideration for the Subscription Fees and subject to these Terms:
3.1 We grant you a non-exclusive, non-transferable, non-sublicensable right to access and use Coach Pilot and for your internal business purposes during the applicable subscription period;
3.2 You agree to keep all login details secure and confidential and are responsible for all activity under your account.
3.3 You must not (nor permit anyone to):
Disassemble, decompile, reverse-engineer, modify, adapt, copy, or create derivative works based on any part of Coach Pilot.
b. Attempt to access or undermine the security or integrity of our systems or networks.
c. Use the Coach Pilot in any way that is unlawful, infringes any rights, or impairs the operation for others.
d. Transmit any material that contains viruses, infringes intellectual property, or breaches confidentiality.
4. Set-Up
4.1 In consideration for the Fees, we will provide you with the Set-Up Services in accordance with these Terms.
4.2 We will perform the Services:
a. With all the skill, care and diligence to be expected from a qualified, competent and experienced supplier of services of a similar nature, scope and complexity to the Set-Up Services;
b. In accordance with any applicable specifications agreed in writing between us;
c. In accordance with all laws applicable to our provision of the Set-Up Services; and
d. In accordance with your reasonable instructions.
5. Your Responsibilities
5.1 You must:
a. Ensure that you complete any dependencies required for the Set-Up Services agreed between us prior to the commencement of the Set-Up Services; and
b. Provide reasonable assistance and co-operation to us in all matters relating to the Set-Up Services;
c. Provide all access and materials required for us to perform the Set-Up Services;
d. Ensure your equipment is in good working order and suitable for the purposes for which it is to be used in relation to the Set-Up Services;
e. Provide access to your premises and other facilities as reasonably required by us to provide the Set-Up Services;
f. Inform us of all health and safety requirements that apply at any of your premises where the Set-Up Services will be performed;
g. Before the date on which the Set-Up Services are due to start, obtain and maintain the licences we have advised are required to enable us to provide the Set-Up Services; and
h. Specify all data security requirements that apply at any of your premises or facilities where the Set-Up Services will be performed.
5.2 If the performance of our obligations under this agreement is prevented or delayed due to your failure to comply with clause 5.1 and we are not able to reasonably deliver the Set-Up Services, then, without prejudice to any other right or remedy we may have, we are entitled to an extend the time to perform our obligations accordingly.
5.3 Clause 5.2 does not apply where your failure to comply with clause 5.1 is due to an event for which clause 15.3applies.
Fees and Payment
6.1 Access to Coach Pilot requires payment of applicable Subscription Fees in advance as advised in writing following your Audit Call.
6.2 Set-Up Fees or annual Subscription Fees are payable in advance of Set-Up Services commencing as advised in writing following your Audit Call.
6.3 If you opt to pay Subscription Fees annually in advance Set-Up Fees will be waived.
6.4 Unless otherwise specified, all fees are exclusive of taxes and you shall pay or reimburse us for all sales, use transfer, privilege, excise, value added tax, goods and services tax, withholding tax and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of our performance of the Set-Up Services or provision of access to Coach Pilot.
6.5 We may increase the Subscription Fees at any time during the Subscription Term by providing you with sixty (60) days’ prior written notice or the increase (Increase Notice).
6.6 If you fail to pay an invoice by the date it is due and payable, we reserve the right to:
a. Suspend access to Coach Pilot and cease the Set-Up Services;
b. Charge interest on such sum on a day to day basis from the date or last date for payment thereof to the date of actual payment (both date inclusive) at the rate of 2% above the base variable home loan lending rate of the National Australia Bank from time to time in force and compounded quarterly; and
c. Charge you our debt recovery fees, including but not limited to, solicitors’ fees (on a full indemnity basis), court costs and collection agency fees.
Confidentiality
7.1 Each party must:
a. Protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and
b. Not disclose the Confidential Information, except to its employees, contractors, agents or advisors who need to know it and who have agreed in writing to keep it confidential.
7.2 Each party (and any authorised person to whom it has disclosed Confidential Information) may use such Confidential Information only to the extent necessary to exercise its rights and fulfil its obligations under these Terms
7.3 Each party is responsible for any actions of its affiliates, employees and agents in violation of this clause 7.
7.4 Each party may disclose the other party’s Confidential Information when required by law but only after, if legally permissible, the party uses all reasonable endeavours to notify the other party.
8. Data and Privacy
8.1 You retain ownership of Your Data entered into Coach Pilot or provided as part of the Set-Up Services.
8.2 If your Users choose to disclose, share, or otherwise make Your Data available to any third party (including by using integrated features, external platforms, or third-party applications), you are solely responsible for that disclosure and for any use, processing, or actions by such third parties in relation to Your Data.
8.3 You are solely responsible for any actions taken by Your Users with respect to Your Data, including (without limitation) deleting, altering, corrupting, or otherwise modifying Your Data.
8.4 You grant us a non-exclusive, royalty-free licence to use Your Data solely to provide and maintain Coach Pilot and associated Services.
8.5 We will never use Your Data, or any content that could identify a specific deal or individual, for any purpose other than delivering Coach Pilot or the Services to you.
8.6 Where we use anonymised, de-identified, or aggregated data for analysis or improvement of Coach Pilot no data that could reasonably identify your organisation, your people, or your deals will be included..
8.7 The parties warrant that all Personal Information will be handled in accordance with applicable Privacy Law.
9. Security and Availability
9.1 Coach Pilot operates exclusively within your secure enterprise environment, and we shall not be liable for any data breach or unauthorised access resulting from your failure to maintain appropriate access controls or security protocols.
9.2 You will notify us as soon as practicable of any actual or suspected unauthorised use of a password or username or any other breach of security affecting Coach Pilot.
9.3 Upon receipt of such notification, we shall take reasonable steps to address such security breaches including the resetting of passwords and usernames or any other measures we consider necessary.
9.4 You must not, and must procure that your Users do not:
a. Attempt to access the object code or source code of Coach Pilot;
b. Attempt to access or undermine the security or integrity of the computing systems or networks hosting Coach Pilot;
c. Use, or misuse, Coach Pilot in any way which is contrary to this agreement or which may impair the functionality of Coach Pilot or impair the ability of any other user to use Coach Pilot;
d. Transmit, or input into Coach Pilot, any files, content or material that may damage our or any third party's computing devices or software, be offensive, infringe any third party’s Intellectual Property rights, breach any duty of confidence or violate any applicable law; or
e. Modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer Coach Pilot other than as expressly permitted by this agreement.
9.5 We use reasonable endeavours to provide continuous, error-free access, but availability may be affected by maintenance, internet, or external factors outside our control.
9.6 Planned outages and maintenance will be communicated in advance where practicable.
10. Intellectual Property
10.1 You acknowledge and agree that all rights, title and interest to the Intellectual Property in Coach Pilot and all Documentation (including any developments, modifications or improvements to such things) remains our sole and exclusive property, or that of our licensors.
10.2 To the extent that you need to use any of our Intellectual Property to receive the full benefit of Coach Pilot or the Set-Up Services, we grant to you, during the Subscription Term, a non-exclusive, royalty free, non-transferrable licence (without the right to sublicense), to such Intellectual Property.
10.3 To the extent that we need to use Your Data or any of your Intellectual Property to provide you with the benefit of Coach Pilot or the Set-Up Services, you grant to us during the Subscription Term a non-exclusive, royalty free, non-transferable licence to use, copy, display and modify your Intellectual Property or Your Data for such purpose.
10.4 Nothing in these Terms purports to transfer or assign any rights in any Intellectual Property already in existence prior to the Subscription Term, or which comes into existence independently of this agreement, including any modifications, improvements or developments to such Intellectual Property.
11. Warranties and Limitations
11.1 Each party warrants to the other that it has the full power and authority to enter into and perform its respective obligations under these Terms.
11.2 You agree that Coach Pilot provided on an ‘as is’ basis and it is your sole responsibility to determine that Coach Pilot meets your needs.
11.3 We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or performance of Coach Pilot’s AI-generated outputs
11.4 Coach Pilot may evolve through continuous learning and refinement, and we do not warrant that it will produce consistent results over time or that it will meet specific performance benchmarks.
11.5 All outputs generated by Coach Pilot are intended for informational purposes only and must be reviewed and validated by your Users or other qualified personnel before any reliance or action is taken.
11.6 Without limiting anything else in these Terms, to the full extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory.
11.7 Notwithstanding anything to the contrary, nothing in this agreement shall limit or exclude any consumer guarantees that are applicable to the provision of Coach Pilot and the Set-Up Services to you under the Australian Consumer Law or any similar laws in another jurisdiction.
11.8 You acknowledge and agree that to the extent permitted by law the remedy for any breach of an applicable consumer guarantee shall be limited to repair, refund or replacement of Coach Pilot or redelivery of the Set-Up Services at our discretion.
12. Limitation of Liability
12.1 You agree an acknowledge you must check and verify the AI outputs from Coach Pilot and that we will not be liable for any damages resulting from errors, omissions, or inaccuracies in AI-generated content, including hallucinations, misinterpretations, or probabilistic outputs.
12.2 Subject to clause 12.3 and to the maximum extent permitted by law, our liability to you, for any and all claims in anyway arising from or in connection with the subject matter of this agreement, whether based in contract, tort (including negligence) or otherwise, is:
a. Limited to direct loss, and excludes any indirect or consequential loss, including, but not limited to lost profits, business interruption, opportunity, goodwill or loss of data; and
b. Is capped at an amount equal to 125% of the Fees paid by you under these Terms in the 12 months preceding the liability arising.
12.3 Notwithstanding the limitations included in clause 12.2(a), each party (Indemnifying Party) indemnifies the other party (Indemnified Party) from and against any loss or damage which arises directly or indirectly from:
a. Personal injury (including sickness and death) caused by the Indemnifying Party;
b. Loss of, or damage to, tangible property caused by the Indemnifying Party;
c. Any negligent act or wilful misconduct of the Indemnifying Party or its personnel;
d. An infringement of the Intellectual Property rights of any third party by the Indemnifying Party; or
e. A breach of the confidentiality, privacy or data obligations contained in clauses 7, 8 and 9.
12.4 A party’s liability under this clause 12 shall be reduced proportionately to the extent that such liability is caused or contributed to by any act or omissions of the other party.
12.5 We will hold and maintain such insurance cover (in respect of our own business and obligations under the agreement) for all normal commercial risks to ensure that any problems we encounter do not result in the disruption of the efficient performance of this agreement during the Subscription Term.
12.6 You acknowledge and agree that you hold and will maintain any insurances necessary to cover your liabilities under this agreement.
13. Termination and Suspension
13.1 The Subscription Term shall commence on the earlier of the date we commence Set-Up Services and you are first provided access to Coach Pilot and continue for an initial period of 12 months unless terminated in accordance with these Terms.
13.2 The Subscription Term shall continue for further periods of 12 months unless you provide us with at least 30 days’ written notice prior to the end of the current period of the Subscription Term.
13.3 Either party may end the Subscription Term by written notice if the other party:
a. Breaches any clause of these Terms and does not remedy the breach within 14 days after receiving notice of the breach (provided the breach is capable of being remedied);
b. Breaches any clause of these Terms which is not capable of being remedied; or
c. Goes into liquidation or has a receiver or manager appointed over any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction.
13.4 You may end the Subscription Term by providing written notice within thirty (30) days of receipt of an Increase Notice provided by us in accordance with 6.5.
13.5 We may suspend or terminate your access to Coach Pilot or the Set-Up Services immediately if you fail to pay the Fees.
13.6 Termination of this agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
13.7 On termination or expiry of the Subscription Term any reason:
a. You will pay us any accrued charges, Fees and amounts due and payable to the end of the Subscription Term, return any of our property or Confidential Information in your possession or control to us and immediately cease to use Coach Pilot and the Documentation; and
b. Upon payment of all outstanding Fees, we will return to you any of your property and Confidential Information in our possession or control.
13.8 For the purposes of clause 13.6, if you terminate the Subscription Term in accordance with clauses 13.3 or 13.4, Fees are payable up to and including the date of termination and will be refunded pro rata if paid in advance, in all other cases they remain payable to the end of the current Subscription Term and are not refundable if paid in advance.
13.9 You agree and acknowledge that, in relation to clauses 13.6 and 13.7:
a. Advance Fees are set and paid on the basis that they represent a genuine pre-estimate of the minimum sum required to compensate us for our investment of resources, upfront costs, administrative time, allocation of capacity, and loss of opportunity to redeploy resources for the balance of the Subscription Term;
b. The retention of Fees paid and the obligation to pay Fees annually in advance under these Terms is fair and reasonable in all the circumstances and does not operate as a penalty; and
c. For the avoidance of doubt, you shall not be entitled to any pro-rata, partial or other refund of any such Fees in the event of early termination for cause by us.
14. Dispute Resolution
14.1 If a dispute arises, you must notify us in writing. Both parties will attempt good faith resolution by informal discussion or mediation (in Melbourne, Victoria, if required).
14.2 Each party bears its own costs except as agreed for mediation.
15. General Provisions
15.1 These Terms are governed by the laws of Victoria, Australia. The parties submit to its courts’ non-exclusive jurisdiction.
15.2 These Terms constitute the entire agreement for use of Coach Pilot and receipt of the Set-Up Service and supersede all prior agreements or representations.
15.3 Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control. This clause does not apply to any obligation to pay money.
15.4 We may update these Terms with reasonable notice by posting the revised version on the Site or notifying you by email.
15.5 Terms amended in accordance with clause 15.3 shall take effect from the end of the current period of your Subscription Term, unless you terminate in accordance with clause 13.2.
15.6 If any provision is invalid or unenforceable, the remainder remains in effect.
15.7 Assignment of these Terms is not permitted without our written consent.
15.8 Notices may be given by email or via your registered Coach Pilot account.
16. Contact and Support
For questions, support or notices under these Terms, contact:
Coach Pilot Trading Pty Ltd
ACN: 689 145 891 | ABN: 13 689 145 891
Registered in Victoria, Australia
Email: contact@coachpilot.com
Website: https://coachpilot.com
