Terms and Conditions

This Terms of Service Agreement ("Agreement") is entered into by and between Trainwell LLC, a company established in Iowa ("Company", "we", "us", or "our"), and you ("User" or "you"), and is made effective as of the date of your use of this website or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the services made available by Trainwell LLC and of the Trainwell LLC website (collectively, the "Services"). By accessing, browsing, and using this website or the Services, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement and any other policies and guidelines incorporated by reference.

Trainwell LLC reserves the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. You must review these terms and conditions on a regular basis to keep yourself informed of any changes. The most current version of the terms and conditions will supersede all previous versions. Your continued use of the Services following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

● "Services" means the sales training services and AI coaching provided by Trainwell LLC. ● "User Data" refers to any data provided by the user to Trainwell LLC, including but not limited to registration information, contact details, and usage data.

● "Proprietary Data" means any confidential or proprietary information related to the user's business, including but not limited to trade secrets, business plans, and client lists. ● "Customer Data" means any information related to the user’s customers, including but not limited to personal information, purchase history, and contact information. ● "AI George" refers to the artificial intelligence coach provided by Trainwell LLC. ● "Website" refers to the Trainwell LLC website where the Services are provided. ● "User" refers to the individual or entity that has registered for the Services. ● "Employee" refers to any employee of the User who is authorized to use the Services.

Trainwell LLC provides a comprehensive suite of training services designed to enhance the sales capabilities of insurance agents.

These services include, but are not limited to:

● On-demand video tutorials and courses accessible through our Website.

● Monthly master classes led by industry experts.

● Weekly roleplay sessions and Q&A calls designed to provide real-time feedback and guidance.

● One-on-one coaching sessions tailored to individual needs and objectives.

The AI coach, referred to as "AI George," is an advanced artificial intelligence system designed to assist users by providing automated responses, training insights, and performance evaluations based on predefined algorithms and user inputs. AI George is intended to supplement human coaching and provide users with additional resources and support.

In order to access certain features of the Services, you may be required to create an account. When you create an account, you agree to:

● Provide accurate, current, and complete information as may be prompted by any registration forms on the Website ("Registration Data").

● Maintain and promptly update the Registration Data, and any other information you provide to Trainwell LLC, to keep it accurate, current, and complete.

● Maintain the security and confidentiality of your password and any other security or access information used by you to access the Services.

● Immediately notify Trainwell LLC of any unauthorized use of your account or any other breach of security.

As a condition of your use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Trainwell LLC server, or the network(s) connected to any Trainwell LLC server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Trainwell LLC server or to any of the Services, through hacking, password mining or any other means.

Prohibited Activities: Users are expressly prohibited from engaging in any activity that:

● Involves illegal activities or promotes illegal activities.

● Involves harassment, abuse, or harm to others.

● Infringes on the intellectual property rights of Trainwell LLC or third parties. ● Violates the privacy rights of others.

● Attempts to reverse engineer, decompile, or extract the source code of the software used in the Services.

● Uses automated tools or bots to access or interact with the Services.

● Disrupts or interferes with the Services, including denial-of-service attacks.

Compliance with Laws:

Users agree to comply with all applicable local, state, national, and international laws and regulations.

Trainwell LLC is committed to protecting the privacy of user data. We collect and use your data in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.

Users must not share any proprietary data with AI George or Trainwell LLC. Proprietary data remains the sole property of the user, and Trainwell LLC shall have no rights to such data.

Users are prohibited from sharing customer data with AI George or Trainwell LLC. Customer data includes any information that identifies or can be used to identify a customer. Trainwell LLC does not collect, store, or process customer data, and users are solely responsible for ensuring the confidentiality and security of customer data.

Trainwell LLC employs industry-standard security measures to protect the integrity and confidentiality of user data. These measures include:

● Data encryption both in transit and at rest.

● Regular security audits and vulnerability assessments.

● Secure access protocols and multi-factor authentication for user accounts.

Data Breach Protocol:

In the event of a data breach, Trainwell LLC will:

● Promptly notify affected users via email or other appropriate channels. ● Provide information on the nature and extent of the breach, including what data was compromised.

● Offer steps users can take to protect themselves, such as changing passwords. ● Implement measures to mitigate the breach and prevent future occurrences.

The training and AI services provided by Trainwell LLC must not be used in the presence of customers or on computers or networks owned by the company that the user works for or represents. Users agree to:

● Use the Services only in private, secure environments.

● Refrain from using the Services in the presence of customers or any unauthorized individuals.

Users must not use the Services in public or unsecured environments. This includes, but is not limited to, public libraries, coffee shops, and any other locations where unauthorized individuals may gain access to the Services.

The training and AI services must not be accessed using devices or networks owned by the company that the user works for or represents without explicit permission from that company. Users must ensure that they are in compliance with their employer’s policies regarding the use of external training and AI services.

All content provided through the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Trainwell LLC or its content suppliers and is protected by United States and international copyright laws.

Trainwell LLC grants users a limited, non-exclusive, non-transferable license to access and make personal use of the Services. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Users are prohibited from infringing on the intellectual property rights of Trainwell LLC or any third party. This includes, but is not limited to, unauthorized copying, distribution, modification, or creation of derivative works based on the content provided through the Services.

Users agree not to disclose any confidential information obtained through our Services. Confidential information includes, but is not limited to, any information that is not generally known to the public and that the disclosing party designates as being confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential.

Users must handle all sensitive information with care and must not share it with unauthorized

parties. Sensitive information includes, but is not limited to, user data, proprietary data, and customer data. Users must take all reasonable precautions to protect the confidentiality of sensitive information and must not use it for any purpose other than as expressly authorized in this Agreement.

THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAINWELL LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRAINWELL LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.

IN NO EVENT SHALL TRAINWELL LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRAINWELL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Users agree to indemnify and hold Trainwell LLC, its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.

Users may terminate their account at any time by contacting us. Upon termination, users must cease all use of the Services. Any provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Trainwell LLC reserves the right to terminate or suspend any user’s access to the Services at our discretion, without notice or liability, for any reason, including but not limited to violations of

these Terms. Upon such termination or suspension, users must immediately cease using the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles. Any legal actions, suits, or proceedings arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Iowa, and users hereby accept and submit to the personal jurisdiction of these courts.

Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Iowa, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Users agree to waive any right to a jury trial or to participate in a class action.

The party initiating arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the AAA will appoint one. The arbitrator will be an attorney or retired judge with experience in the field of contract law.

Costs of Arbitration:

Each party will be responsible for their own costs and expenses of arbitration, including attorneys' fees, and will share equally the arbitrator’s fees and administrative fees of arbitration.

Trainwell LLC offers multiple subscription tiers to cater to different user needs. The specific features and services available under each subscription tier are detailed on our website (trainwell.co). By subscribing to any of our tiers, you agree to the following terms and conditions applicable to your selected tier.

● Essentials Plan: Basic plan with access to on-demand video tutorials, courses, and AI George.

● Mastery Plan: Intermediate plan including Essentials features plus monthly master classes, weekly roleplay sessions with Q&A calls, and AI George.

● Fasttrack Plan: Advanced plan including Mastery features plus one-on-one coaching sessions, additional personalized services, and AI George.

Subscription Fees:

● Users agree to pay the subscription fees specified for their chosen tier at the time of subscription. Fees are billed on a [monthly/annual] basis, depending on the user's selection.

● All fees are non-refundable, except as expressly provided in these Terms or as required by applicable law.

Payment Terms:

● Users must provide valid payment information at the time of subscription. By subscribing, you authorize Trainwell LLC to charge your provided payment method for the subscription fees on a recurring basis until you cancel your subscription.

● If we are unable to process your payment, we may suspend or terminate your access to the Services until payment is successfully processed.

● Trainwell LLC may offer free trials for certain subscription tiers. If you sign up for a free trial, you must cancel the trial before it ends to avoid being charged for the subscription. ● At the end of the free trial period, you will automatically be enrolled in the relevant subscription tier and charged the applicable fees unless you cancel before the trial ends.

● Subscriptions automatically renew at the end of each billing cycle unless canceled by the user. You may cancel your subscription at any time by [providing notice/canceling through your account settings].

● If you cancel your subscription, you will retain access to the Services until the end of the current billing period, after which your access will be terminated.

● Trainwell LLC reserves the right to modify the subscription fees and features of the subscription tiers at any time. We will notify you of any changes at least [30 days] in advance. Your continued use of the Services after such changes constitutes your acceptance of the new terms.

● Users may upgrade or downgrade their subscription tier at any time through their account settings. Changes in subscription fees due to upgrades or downgrades will be prorated for the remainder of the current billing cycle.

Refunds:

● Refunds are generally not provided for subscription fees. However, Trainwell LLC may grant refunds under exceptional circumstances at its sole discretion. If you believe you are entitled to a refund, please contact support@trainwell.co.

● Involves illegal activities or promotes illegal activities.

● Involves harassment, abuse, or harm to others.

● Infringes on the intellectual property rights of Trainwell LLC or third parties. ● Violates the privacy rights of others.

● Attempts to reverse engineer, decompile, or extract the source code of the software used in the Services.

● Uses automated tools or bots to access or interact with the Services.

● Disrupts or interferes with the Services, including denial-of-service attacks.

17. Usage Monitoring and Enforcement

Trainwell LLC reserves the right to monitor user activity to ensure compliance with these Terms of Service. This includes, but is not limited to:

● Tracking login times, session durations, and user actions within the platform. ● Reviewing content uploaded or shared by users.

● Analyzing usage patterns to detect and prevent misuse.

In the event of a violation of these Terms, Trainwell LLC may take the following actions:

● Issuing warnings to users regarding violations.

● Temporarily suspending user accounts to prevent further violations.

● Permanently terminating user accounts in cases of severe or repeated violations. ● Reporting illegal activities to appropriate law enforcement authorities.

Trainwell LLC integrates with several third-party services, including LearnWorlds LMS, Zapier, Clickfunnels, Mailchimp, HubSpot, Outfunnel, AWS, and ChatGPT. Users acknowledge that:

● Their use of these third-party services is subject to the terms and conditions of the respective third parties.

● Trainwell LLC is not responsible for the actions or inactions of third-party service providers.

Users are prohibited from using the Services for commercial purposes beyond what is permitted by their subscription plan unless expressly authorized by Trainwell LLC.

Users are prohibited from reselling, redistributing, or sublicensing the Services or any part thereof without the express written consent of Trainwell LLC.

AI George is designed to provide guidance and insights based on predefined algorithms and user inputs. It is not a substitute for professional judgment or advice. Trainwell LLC disclaims any liability for decisions made based on AI George's outputs.

Trainwell LLC provides training and advice intended to improve sales capabilities. However, users must adapt the training to their specific circumstances and ensure compliance with local laws, regulations, and the rules and regulations of the company they represent. Trainwell LLC is not responsible for any actions taken by users as a result of implementing the training or advice provided by AI George.

Any feedback, suggestions, or ideas provided by users may be used by Trainwell LLC for any purpose, including improving our services, without any obligation to compensate the user.

These Terms constitute the entire agreement between the user and Trainwell LLC regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral. No oral explanation or oral information given by either party shall alter the interpretation of these Terms.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision will be replaced with

a valid, enforceable provision that most closely reflects the original intent of the invalid or unenforceable provision.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Trainwell LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Users may not assign their rights or obligations under these Terms without the prior written consent of Trainwell LLC. Any attempted assignment in violation of these Terms shall be null and void. Trainwell LLC may assign its rights and obligations under these Terms to any party at any time without notice to the user.

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Trainwell LLC

201 Iowa River Lndg Pl Unit 107

Coralville, Iowa 52241

support@trainwell.co

Trainwell LLC shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any cause beyond Trainwell LLC's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

By using the Services, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Users agree to comply with all applicable laws, regulations, and ordinances related to their use

of the Services. Users may not use the Services in any way that violates applicable federal, state, or local laws, regulations, or ordinances.

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

You may not access, download, use, or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Trainwell LLC in violation of any such restrictions, laws, or regulations, or without all necessary approvals.

By providing your mobile number, you consent to receive text messages from trainwell. Message frequency may vary. Standard message and data rates apply.

By entering your number, you agree to receive marketing and non-marketing texts.

Your number will be used for communication purposes only and not shared with third parties, except as required by law.

We may change this agreement at any time, with updates posted in our terms and conditions.