Draft, pending counsel review
This document is published in draft so that it can be read before a contract conversation. It has not yet completed review by external counsel and will be superseded by the reviewed version.
Terms of Service
Last updated: [CONFIRM]
These terms cover use of this website and the general framework for the Gaincraft platform. A deployed retailer's actual commercial relationship is governed by a signed order form, the master subscription agreement and the data processing agreement, which prevail over anything here.
1. Agreement and precedence
By using this website you accept these terms. Where a signed agreement exists between Gaincraft and your organisation, that agreement and its order form govern the service, and these terms apply only to the website.
2. The service
Gaincraft captures in-store selling conversations at designated counters, scores them against a behaviour library, and delivers coaching prompts and scorecards. Delivery includes capture hardware, a signage kit, configuration of the behaviour library and support, as set out in the order form.
There is no self-serve access. Deployment requires hardware installation, consent signage agreed with the retailer’s counsel, an executed data processing agreement and a signed zone map per store.
3. Customer responsibilities
The customer is the controller of conversation data. The customer is responsible for determining the lawfulness of capture in each jurisdiction where it deploys, for placing the signage supplied, for informing and where required obtaining acknowledgement from its associates, and for the accuracy of roster data used in attribution.
The customer must not use behaviour data as the sole basis for a disciplinary or termination decision without human review and without giving the associate the opportunity to dispute a score.
4. Acceptable use
The service may not be used to capture conversations in an excluded zone, to attempt to identify a speaker by voice characteristics, to monitor protected activity including union organising, or to capture in a jurisdiction where the customer’s own counsel has advised against it.
Capture cannot be operated without a visible indicator. Requests to disable the indicator will be refused, and attempts to circumvent it are a material breach.
5. Hardware
Capture devices are rented and remain Gaincraft property. Replacement of failed units is included. The customer provides mounting points and power, keeps devices in the agreed positions, and returns them at the end of the term. Devices contain no camera or image sensor.
6. Fees and term
Fees comprise a platform fee per store per year and a coaching licence per seat per month, as stated in the order form. A pilot is a defined ninety-day engagement including a thirty-day setup phase that is not counted toward measurement. Chain and enterprise terms are annual and do not renew without a review.
7. Intellectual property
Gaincraft owns the platform, models and generic behaviour frameworks. The customer owns its conversation data, its derived behaviour data, the behaviour taxonomy configured for its business, and its clip library, and retains them on termination.
Gaincraft may use aggregated, de-identified statistical information to improve the service. Customer audio is not used to train models for other customers without express written consent.
8. Confidentiality
Each party protects the other’s confidential information with at least reasonable care and uses it only to perform the agreement. Gaincraft will not name a customer publicly, or publish a result attributable to it, without written permission.
9. No performance guarantee
Gaincraft makes no guarantee of any revenue, conversion, attach or ticket outcome. Figures produced by the displacement calculator are estimates computed from inputs the user supplies and are not representations of achievable results. Pilot readouts describe what happened in the measured cohorts and do not promise repetition elsewhere.
10. Warranties and disclaimers
Gaincraft warrants that it will provide the service with reasonable skill and care. Scoring is probabilistic and will contain errors, which is why every score is disputable and audio is available on review. Except as expressly stated, the service is provided without further warranties to the extent permitted by law.
11. Liability
Neither party is liable for indirect or consequential loss, or for lost profits or revenue. Aggregate liability is limited to fees paid in the twelve months preceding the claim, except for liability that cannot be limited by law, breach of confidentiality, or a party’s wilful misconduct. Limits are stated in full in the signed agreement.
12. Suspension and termination
Either party may terminate for material breach not cured within thirty days of notice. Gaincraft may suspend capture immediately where it reasonably believes capture is occurring unlawfully or outside an agreed zone. On termination, audio is deleted per the configured retention window and derived data is exported or destroyed on instruction.
13. Website use
Content on this site is provided for information and does not constitute legal advice. Gated documents are provided for the recipient’s internal evaluation. Do not attempt to interfere with, scrape at scale, or gain unauthorised access to this site; report vulnerabilities to security@gaincraft.com.
14. Governing law and changes
Governing law and venue are [CONFIRM] and are stated in the signed agreement. We may update these terms and will post a revised date here; material changes affecting a customer are notified under that customer’s agreement.