Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ColdOpen website, services, subscription plans, practice tools, generated scores and feedback, and any content or features offered through the ColdOpen platform (collectively, the "Services"), operated by Awayish LLC ("Awayish," "we," "our," "us").

By using ColdOpen, creating an account, running a practice session, or purchasing any subscription, you agree to these Terms. If you do not agree, do not use ColdOpen.

1. About ColdOpen

ColdOpen is a technology platform that lets sales teams rehearse high-stakes conversations out loud against a realistic AI buyer, then receive automated, rubric-based scoring and feedback. Managers can track team readiness over time.

ColdOpen is not an employer, recruiter, sales agency, or human sales coach, and is not a party to any sale you make. We do not guarantee any sales result, quota attainment, hiring outcome, or that practice will produce any particular performance. ColdOpen does not provide legal, financial, or employment advice.

We may update, change, or discontinue parts of the platform at any time without prior notice.

2. Eligibility

Users must be at least 18 years old, legally able to enter contracts, and must provide truthful and accurate information. Providing false or misleading information may result in denial or termination of services.

3. Accounts and security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at Hello@getcoldopen.com if you suspect your account has been accessed without authorization.

An organization owner or admin may invite, remove, and manage roles for additional users on their team. Each user is responsible for their own actions within the Services.

4. Subscriptions, billing, and cancellation

ColdOpen is offered on a paid subscription basis with a free trial, and practice time is metered in pooled minutes shared across your organization. By starting a paid subscription, you authorize us (and our payment processor) to charge the payment method you provide on a recurring basis until you cancel. Subscriptions automatically renew unless canceled prior to the next billing date.

Subscription fees are non-refundable once charged, regardless of unused minutes, changes of interest, or partial use of a billing period. Cancellation takes effect at the end of the current billing period. We may suspend access for non-payment.

Data retention after your plan ends. When a free trial expires without a subscription, or you cancel a paid plan, your account is deactivated and your content — including transcripts, scores, and any stored session audio — is retained for a minimum of 60 days, after which it may be permanently deleted from our systems at our discretion. Export or download anything you wish to keep before then; once deleted, content cannot be recovered.

5. Content and intellectual property

You retain ownership of the content you provide to the Services, including your practice transcripts, notes, and self-assessments. You grant us a non-exclusive license to store, process, display, and transmit that content solely for the purpose of providing the Services to you and your organization, including processing it through the AI vendors described in our Privacy Policy to generate voice and scoring.

Awayish owns all trademarks, branding, platform content, software, workflows, buyer personas, objection libraries, and scoring rubrics associated with ColdOpen. Users may not copy, distribute, reproduce, or reverse engineer any ColdOpen content or technology without permission.

Personalization. If you provide business details or your company website URL during setup, you direct us to use that information — including retrieving publicly available content from the website you specify — to personalize the Services for your organization, such as tailoring the AI buyer, drafting product knowledge for your approval, and generating practice objections specific to your business. You represent that you are authorized to provide that website for this purpose. Personalized content generated for your organization is used only within your organization.

Service improvement. We may use aggregated, de-identified information derived from use of the Services — such as common objection themes across an industry — to improve our shared content libraries. Anything added to shared libraries is reviewed by a human first and never includes your identity, company name, or confidential business specifics. You are not entitled to compensation for improvements informed by aggregated usage.

6. Team access

ColdOpen is a team product. If you join an organization, the administrators and managers of that organization can view and manage your practice activity, scores, and role within the Services. You are responsible for using the Services in accordance with your organization's policies.

7. Acceptable use

Users may not:

• Upload content that infringes intellectual property rights, violates privacy laws, or contains malicious code;
• Submit false or misleading information, or attempt to manipulate or game the AI scoring;
• Attempt to jailbreak, prompt-inject, or otherwise misuse the AI buyer to extract the system's instructions or defeat its safeguards;
• Scrape, copy, reverse engineer, or otherwise extract source code, workflows, content, or data from the Services;
• Access data without authorization, attempt to bypass paywalls or rate limits, or interfere with security features;
• Use the Services to harass, defraud, deceive a third party, or otherwise for unlawful purposes.

Awayish may suspend or terminate accounts at its discretion for conduct it reasonably believes violates these Terms.

8. Third-party services

The Services rely on third-party providers to operate. Your use of the Services is also subject to those providers' terms where applicable. See our Privacy Policy for the current list of subprocessors and a description of what each one receives.

9. Disclaimers

The Services are provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, including (but not limited to) merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free, that scores or feedback are accurate, or that practice will produce any particular sales, hiring, or performance outcome. The AI buyer and scoring are training aids, not professional advice.

10. Limitation of liability

To the maximum extent permitted by law, Awayish is not liable for: sales, hiring, or performance outcomes; reliance on AI-generated scores or feedback; service interruptions; financial losses; missed business opportunities; technical issues or downtime; errors resulting from user-submitted information; or indirect, incidental, consequential, or punitive damages.

Awayish's total liability arising out of or related to these Terms or the Services is limited to the amount you have paid us in the thirty (30) days preceding the event giving rise to the claim. We do not guarantee specific response times or outcomes.

11. Indemnification

You agree to indemnify and hold harmless Awayish, its affiliates, officers, employees, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of: your misuse of the Services; false or misleading content you submit; illegal conduct; or your violation of these Terms.

12. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you breach these Terms or if continuing to provide the Services to you would expose us to legal or operational risk. Sections that by their nature should survive termination — intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will do so.

13. Modifications

Awayish may update these Terms at any time. Material changes will be announced via the email associated with your account or a prominent notice within the Services. Your continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles. Disputes arising out of or related to these Terms or the Services must be resolved in the state and federal courts located in Minnesota.

15. Contact

Awayish LLC. Email: Hello@getcoldopen.com. Phone: (651) 315-8453. Website: getcoldopen.com.