Terms of Service

Effective date: September 15, 2026

These Terms of Service ("Terms") are an agreement between you and Second Coffee, LLC ("Tessamonials," "we," "us") governing your use of the hosted Tessamonials service at tessamonials.com and related hosted services we provide (the "Service").

By creating an account, accepting an invitation to a workspace, or using the Service, you agree to these Terms.

If you use the Service on behalf of a company, organization, or other entity, you represent that you have authority to accept these Terms on its behalf. In that case, "you" and "Customer" include that organization where applicable.

The Service lets a Customer invite individuals ("Participants") to record short audio interviews. Tessamonials transcribes each recording and uses artificial intelligence to draft a written testimonial from it, which the Customer then reviews before using anywhere. Section 5 sets out how Participants and their recordings are handled, and applies alongside every other section of these Terms.

1. The Service

Tessamonials is a hosted service that lets a Customer invite Participants to record audio interviews, and that transcribes those recordings and uses AI to draft written testimonials from them for the Customer to review, edit, and use.

The Service is still evolving. We may add, remove, modify, limit, or discontinue features; change technical requirements or usage limits; or suspend portions of the Service as we develop it.

We do not guarantee that every feature will always be available or that the Service will always operate without interruption or error.

2. Eligibility

You must be at least 18 years old to create a Customer account.

If you are using the Service on behalf of an organization, you must be authorized to do so.

You must provide accurate account information and keep it reasonably up to date.

Section 5 sets out separate, additional obligations that apply when you use the Service to invite and record Participants, including obligations related to a Participant's age.

3. Accounts and security

You may sign in using an email magic link or through supported third-party authentication methods.

You are responsible for maintaining the security of your account, email account, authentication methods, API credentials, and devices.

You are responsible for activity performed through your account or credentials, except to the extent the activity results from a security failure for which Tessamonials is legally responsible.

You must promptly let us know at [email protected] if you believe your account or workspace has been compromised.

We may require you to reset credentials, revoke connections, or take other reasonable security measures when we believe doing so is necessary to protect the Service or its users.

4. Workspaces

A workspace is where a Customer organizes its interview campaigns, Participants, recordings, and testimonials.

The Customer that creates, controls, or is identified as the owner of a workspace controls that workspace and its content.

Workspace administrators may, depending on their permissions: add or remove members; change member permissions; access workspace content, including Participant recordings and testimonials; export workspace information; and modify or delete workspace content.

You are responsible for understanding your own organization's policies before adding personal information about Participants to a workspace.

5. Participants and audio interviews

This section governs how you use the Service to invite individuals ("Participants") to record audio interviews. It applies in addition to, not instead of, the rest of these Terms.

You choose who to invite as a Participant, and you are solely responsible for that decision and for how you interact with Participants outside the Service, such as by email or text message.

• Recording consent. Before a Participant records an interview, you must obtain any consent required by law to record them, including consent from every party to the conversation where required by state law (several states, including California, require all parties to a recorded conversation to consent before it is recorded). The Service displays a consent notice to each Participant before recording begins, but obtaining valid, legally sufficient consent is your responsibility, not ours.
• Minors. You will not use the Service to invite, record, or collect a testimonial from anyone under the age of 18 unless you have first obtained the consent required by applicable law from a parent or legal guardian. You are solely responsible for determining whether a Participant is old enough to be recorded and for obtaining any required parental or guardian consent; the Service does not verify a Participant's age.
• Accuracy toward Participants. You will not misrepresent to a Participant how their recording or testimonial will be used, and you are responsible for the accuracy of any context, questions, or instructions you provide to Participants.
• No independent verification. The Service does not independently verify a Participant's identity, age, or the validity of any consent you have obtained. You bear that responsibility, and you agree to indemnify us as described in Section 18 for claims arising from a failure to do so.

6. Your content

"Customer Content" means audio recordings, transcripts, AI-drafted testimonials, Participant information, and other information that you or users acting through your workspace submit to or generate through the Service.

As between you and Tessamonials, you or the organization that controls the applicable workspace retain all rights in Customer Content. We do not claim ownership of it.

You give Tessamonials a limited right to host, store, copy, transmit, transcribe, process, and otherwise handle Customer Content as reasonably necessary to provide and secure the Service, generate transcripts and draft testimonials, maintain revision and audit history, provide support, and comply with law. This permission also allows us to use service providers, including a transcription and AI provider, acting on our behalf to perform those functions.

We do not use Customer Content, including recordings, transcripts, or testimonials, to train AI models. Any AI or transcription provider we engage to process Customer Content is contractually restricted from using that content to train models for its own purposes.

You are responsible for Customer Content you submit to the Service and represent that you have the rights, permissions, and lawful basis necessary to provide and process it, including information and recordings about Participants and other individuals.

7. AI-generated testimonials

When a Participant finishes recording, the Service transcribes the recording and uses AI to draft a written testimonial based on the transcript. That draft is delivered to you for review; it is not published or shared automatically.

You must review and approve a draft testimonial before publishing, displaying, sending, or otherwise using it. The Service does not publish, and does not otherwise make public, a Participant's raw audio recording.

AI-drafted testimonials may contain inaccuracies, omissions, or wording the Participant did not actually use. Before using a testimonial as an endorsement or in advertising, you are responsible for confirming that it accurately reflects what the Participant said and for complying with applicable advertising and endorsement laws, including the U.S. Federal Trade Commission's guidance on endorsements and testimonials.

You may edit a draft testimonial before use. If you materially change the substance of what a Participant said, you are responsible for that change and for any resulting inaccuracy.

8. Sensitive and regulated information

Tessamonials is a general-purpose interview and testimonial collection service. Unless we expressly agree otherwise in writing, the Service is not designed or offered to satisfy industry-specific regulatory requirements that apply to particular categories of data.

• HIPAA. Do not use the Service to create, receive, maintain, or transmit protected health information regulated by HIPAA on behalf of a covered entity or business associate unless Tessamonials has expressly agreed in writing to that use and entered into an applicable Business Associate Agreement.
• Payment-card data. Do not use the Service to collect or store credit-card numbers, card security codes, PINs, magnetic-stripe data, or other payment-card information.

You are responsible for determining whether the Service is appropriate for information subject to laws or regulations that apply to you.

9. Acceptable use

You may use Tessamonials for personal or commercial purposes, subject to these Terms and any applicable plan limits.

You may not use the Service to:

• violate applicable law;
• infringe or misappropriate another person's intellectual-property, privacy, or other rights;
• upload or distribute unlawful material;
• introduce malware or malicious code;
• bypass authentication, access controls, or security measures;
• gain unauthorized access to another account, workspace, system, or network;
• intentionally interfere with or degrade the Service;
• probe or test vulnerabilities without our authorization;
• impersonate another person or organization in a misleading or unlawful manner; or
• fabricate, materially alter, or falsely attribute a testimonial to a Participant who did not actually provide it.

We may investigate suspected violations and may restrict or suspend access when reasonably necessary to protect the Service, our users, or third parties.

10. Copyright and DMCA

We respect intellectual-property rights and respond to valid notices of claimed copyright infringement under the Digital Millennium Copyright Act.

If you believe content on the Service infringes your copyright, send a notice to our designated agent at [email protected] that includes: your physical or electronic signature; identification of the copyrighted work you claim is infringed; identification of the material you claim is infringing, with enough detail for us to locate it; your name, address, telephone number, and email address; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Our designated agent for copyright notices is: Copyright Agent, Second Coffee, LLC, 3559 Mt Diablo Blvd #393, Lafayette, CA 94549, [email protected].

Where appropriate, we may notify the workspace that controls the material and may remove or disable access to material in accordance with the DMCA. If you believe your content was removed in error, you may send a counter-notice to the same address. We may terminate accounts of users we determine to be repeat infringers.

11. Our intellectual property

Second Coffee owns or licenses the hosted Service, branding, design, documentation, and other materials. Those materials are protected by intellectual-property laws.

These Terms do not grant you any right to use the Tessamonials or Second Coffee names, logos, or branding, except to accurately identify Tessamonials as a service you use.

We reserve all rights not expressly granted.

12. Plans, limits, and pricing

The Service is currently offered without charge.

Each Company has an allowance of 25 connected voice interviews for that Company's lifetime. Text chats and member test interviews do not count. Once the allowance is reached, the Company cannot start new voice interviews; the allowance does not reset.

We may introduce paid plans or change Free-plan limits in the future. We will provide notice before we begin charging an existing user for a feature or plan that was previously free, and we will not charge you without your affirmative agreement to the applicable price and payment terms.

13. Backups, history, and availability

Tessamonials may maintain backups, revision history, audit logs, or other mechanisms intended to improve reliability or recoverability. These features are not a substitute for maintaining your own copies of important information.

We do not guarantee uninterrupted or error-free operation, that any particular recording, transcript, or deleted item can be recovered, that Customer Content will never be corrupted or lost, or any particular level of uptime, support, or backup frequency.

14. Suspension and termination

You may stop using the Service and delete your account at any time by contacting us at [email protected].

Deleting your individual account does not necessarily delete content in an organization workspace. That content remains under the control of the organization that owns the workspace.

We may suspend or terminate your access when you materially violate these Terms, your use creates a security, legal, technical, or operational risk, we are required to do so by law, you fail to pay amounts due under a future paid plan, or we discontinue the Service.

Where reasonably practical, we will try to give advance notice before terminating an account for reasons other than serious misconduct, security concerns, legal requirements, or emergencies.

15. Feedback

If you send us ideas, suggestions, or feedback about Tessamonials, you give us permission to use that feedback without restriction or obligation to compensate you. This does not give us rights to Customer Content.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." Tessamonials disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and security.

We do not warrant that the Service will meet all of your requirements; that it will be uninterrupted, secure, or error-free; that a transcript or AI-drafted testimonial will be accurate or complete; that a Participant's consent was validly obtained; that Customer Content will never be lost or altered; or that defects will always be corrected.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

17. Limitation of liability

To the maximum extent permitted by law, Second Coffee, LLC and its owners, officers, employees, contractors, affiliates, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, business opportunities, goodwill, or anticipated savings; loss, corruption, or inability to recover data; claims arising from a Participant's recording, consent, or age; inaccuracies in an AI-generated transcript or testimonial; or interruption or unavailability of the Service, even if we knew such damages were possible.

To the maximum extent permitted by law, the total aggregate liability of Second Coffee, LLC and the other Tessamonials parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of $100, or the amount you paid Tessamonials for the Service during the 12 months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot legally be limited.

18. Indemnification

If you use the Service on behalf of a business, organization, or other entity, that entity agrees, to the extent permitted by law, to defend, indemnify, and hold harmless Second Coffee, LLC and its owners, officers, employees, contractors, affiliates, and agents from third-party claims, damages, losses, liabilities, and reasonable legal expenses arising from:

• Customer Content supplied by that entity or its users, including recordings and information about Participants;
• a failure to obtain a Participant's valid consent to be recorded, including consent required under a state's all-party recording consent law;
• collecting a recording or testimonial from a Participant under 18 without the parental or guardian consent required by law;
• use of a testimonial in a way that violates advertising, endorsement, or consumer-protection law;
• the entity's or its users' violation of law; and
• misuse of the Service by the entity or its users.

This indemnity does not apply to the extent a claim results from Tessamonials's own violation of law, gross negligence, willful misconduct, or another matter for which indemnification would be prohibited by law.

19. Disputes, governing law, and time limit

Informal resolution first. If you have a dispute with us, contact us at [email protected] with a description of the dispute and the relief you seek, and give us 30 days to try to resolve it. We will do the same before bringing a claim against you.

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except where federal law applies.

Venue. Any dispute arising out of or relating to these Terms or the Service will be brought in the state or federal courts with jurisdiction over Contra Costa County, California, and you and Tessamonials consent to the personal jurisdiction of those courts. This does not limit your right to bring an eligible individual claim in small-claims court, or any right applicable consumer law gives you to bring a dispute somewhere else.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arises. Otherwise it is permanently barred.

Injunctive relief. Either party may seek temporary or injunctive relief in court to prevent actual or threatened misuse of intellectual property, unauthorized access, or security violations.

20. Where the Service is offered

Tessamonials is operated by Second Coffee, LLC from the United States and is intended for users in the United States. The Service is not directed to individuals in the European Economic Area, the United Kingdom, or Switzerland, and we do not market or offer it to individuals in those regions.

You represent that you are not located in, and are not a national of or ordinarily resident in, a country or region subject to comprehensive U.S. economic sanctions, and that you are not on any U.S. government restricted-party list.

21. Changes to these Terms

We may update these Terms as the Service changes. If we make a material change, we will update the effective date and, where appropriate, notify you through the Service or using the contact information associated with your account.

Your continued use of the Service after revised Terms take effect means you accept the revised Terms, except where applicable law requires another form of consent.

22. General terms

These Terms, together with our Privacy Policy and any additional terms expressly incorporated into them, constitute the agreement between you and Tessamonials concerning the hosted Service.

Notices. We may send you notices through the Service or to the email address associated with your account. You agree that electronic notices satisfy any legal requirement that a notice be in writing.

Severability. If any provision of these Terms is unenforceable, the remaining provisions remain in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our consent, except as permitted by law. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction.

No third-party beneficiaries. Except as needed to give effect to Section 18, these Terms do not create rights for anyone other than you and Tessamonials, including Participants.

23. Contact us

Questions about these Terms? Tessamonials, Second Coffee, LLC, 3559 Mt Diablo Blvd #393, Lafayette, CA 94549, [email protected].

See also our Privacy Policy and our Participant Consent Notice.