Terms & Conditions

1. About Topcloser

Topcloser is a software-as-a-service platform for AI-powered sales conversation analysis and coaching. By accessing or using Topcloser, you agree to be bound by these Terms & Conditions. If you do not agree, you may not use the platform.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use Topcloser. By registering an account, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials. You are solely responsible for all activity that occurs under your account. You must notify us immediately at support@topcloser.io if you suspect any unauthorized use of your account.

4. Permitted Use

Topcloser is provided exclusively for lawful business purposes, specifically the analysis and coaching of sales conversations that you are legally authorized to record and process. You may use the platform only in accordance with these Terms and all applicable laws and regulations.

5. Customer Responsibilities for Recording and Consent

You are solely responsible for ensuring that any recording, upload, storage, and analysis of conversation data through Topcloser is lawful under all applicable laws, including but not limited to data protection law (including the GDPR), employment law, telecommunications law, and any sector-specific confidentiality rules.

Where required by law, you must inform all conversation participants that the conversation is being recorded and/or analyzed, and obtain any necessary consent, authorization, or internal approval before uploading any recording to Topcloser.

Topcloser does not verify whether the upload of any specific recording is lawful and bears no responsibility for your failure to comply with applicable recording or consent obligations.

6. Prohibited Use

You may not use Topcloser to:

• Record or analyze conversations without the legally required consent or notification;
• Conduct covert surveillance of employees or third parties;
• Make employment, dismissal, promotion, or other significant decisions based solely on AI-generated outputs;
• Process sensitive personal data categories (health data, biometric data, etc.) unless you have a valid legal basis and appropriate safeguards;
• Violate any applicable law, regulation, or third-party rights;
• Attempt to reverse engineer, decompile, or extract source code from the platform;
• Interfere with or disrupt the integrity or performance of the platform or its infrastructure.

7. AI-Generated Outputs

The scores, transcripts, analyses, and coaching recommendations produced by Topcloser are AI-generated and intended as coaching aids only. They may contain errors, omissions, or inaccuracies. You must not use AI outputs as the sole or primary basis for employment decisions, disciplinary actions, performance assessments, or any similarly significant decision with legal or material effect on individuals.

Human review and judgment must always be applied before acting on any AI-generated output.

8. Intellectual Property

All intellectual property rights in the Topcloser platform, including software, design, trademarks, and content, belong to Topcloser or its licensors. You retain ownership of the conversation data you upload. By uploading data, you grant Topcloser a limited, non-exclusive license to process that data solely to provide the services described in these Terms.

9. Payments and Subscriptions

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by applicable law. Topcloser reserves the right to modify pricing with reasonable advance notice. Continued use of the platform after a price change constitutes acceptance of the new pricing.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Topcloser and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the platform.

Topcloser's total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you to Topcloser in the three months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Topcloser and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your use of the platform, your breach of these Terms, or any infringement of third-party rights in connection with data you upload.

12. Suspension and Termination

Topcloser reserves the right to suspend or terminate your access to the platform at any time, with or without notice, if you breach these Terms or if we reasonably believe your use poses a risk to us, other users, or third parties. You may terminate your account at any time by contacting us.

13. Modifications

Topcloser reserves the right to update these Terms at any time. We will notify you of material changes via email or an in-app notice. Continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.

15. Contact

For questions about these Terms, please contact us at support@topcloser.io.