Terms of Service

These Terms of Service govern your use of newnegotiator.com, the New Negotiator app, and related tools and services (the “Service”). Please read them carefully. Section 13 contains a binding arbitration agreement and class action waiver that affect your legal rights.

1. The Agreement

The Service is operated by New Negotiator LLC, a California limited liability company (“New Negotiator,” “we,” “us”), 1112 Montana Avenue, No. 723, Santa Monica, California 90403. By creating an account, starting a trial, or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it, and “you” includes that organization.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use.

You agree to give accurate account information and keep it current. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at privacy@newnegotiator.com if you believe your account has been accessed without authorization. Accounts are personal to you and may not be shared or resold.

3. The Service and Plans

The Service is a companion to the book The New Negotiator: Reaching Better Deals in the Age of AI. It offers negotiation preparation tools, a deal workspace, calendar sync, document export, and AI-assisted features. We offer three plans, described on our pricing page:

Plan features, deal limits, and AI usage limits are those shown on the pricing page when you subscribe. We may change features from time to time. If a change materially reduces what a paid plan includes, we will notify you in advance and you may cancel.

4. Free Trials, Billing, Renewal, and Cancellation

Payment. Paid plans are billed in advance through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method for the plan you select, plus any applicable taxes. We do not store your full card number.

Automatic renewal. YOUR PAID PLAN RENEWS AUTOMATICALLY at the end of each monthly or annual term, and your payment method will be charged the then-current price for the same term, UNTIL YOU CANCEL. By clicking Subscribe, you agree to these renewal terms. We will send you an acknowledgment by email that explains the terms and how to cancel. For annual plans, we will send you a reminder each year before renewal stating the plan, the amount and frequency of charges, and how to cancel.

Free trials. We may offer free trials of Pro, including a 14-day trial for buyers of the book or holders of an access code. All free trials require a valid payment method when you start. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR TRIAL WILL CONVERT AUTOMATICALLY TO A PAID SUBSCRIPTION, and your payment method will be charged the price disclosed when you started the trial, then on each renewal under the automatic renewal terms above. Before you start, we will show you the trial end date, the price, and how to cancel, and by starting the trial you agree to these terms. We will email you a confirmation of these terms, and a reminder at least 7 days before the first charge. You can cancel online at any time during the trial and will not be charged.

Beta access. We may invite some users to try paid features at no charge for a limited time as beta testers. Beta access does not require a payment method, is not a subscription, and does not renew; when it ends, your account moves to the Free plan unless you subscribe. Beta access may include a limited AI allowance.

Cancellation. You may cancel at any time, online, through the billing portal linked from your account page, with no need to call or email us. Cancellation takes effect at the end of your current billing term, and you keep paid features until then. You may also cancel by emailing support@newnegotiator.com.

Upgrades and downgrades. If you upgrade mid-term, we charge only the prorated difference. If you downgrade, your existing deals remain, but tools your new plan does not include are locked until you upgrade again, and you cannot create new deals while you exceed the new plan’s limits.

Refunds. Except where required by law, payments are non-refundable and we do not give credits for partial terms.

Price changes. We will give you clear notice of any price increase at least 7 days and no more than 30 days before it takes effect, together with instructions for cancelling. The new price applies at your next renewal.

Failed payments. If a charge fails, we may retry it and may move your account to the Free plan until payment succeeds.

5. AI Features

Pro and Ultra include features that use third-party artificial intelligence models, such as deal briefs with market and counterparty research, draft and proposal review, call and email scripts from the Script Generator, the Advisor and Adversary chats, the Copilot assistant, voice practice, report card debriefs, and Macro and Events Analysis. When you run an AI feature, the content you submit is sent to our AI provider to generate a response, as described in our Privacy Policy.

AI output can be wrong. AI-generated content may be inaccurate, incomplete, out of date, or inconsistent, and research about markets, companies, or people may contain errors. Simulations of a counterparty are hypothetical and do not predict how any real person will act. You are responsible for reviewing all output and for every decision you make based on it.

Usage limits. AI features are subject to the usage limits of your plan. We may throttle or suspend AI features to protect the Service or prevent abuse.

6. Not Legal, Financial, or Professional Advice

The Service, including the book content, the tools, AI output, and the Ask Lew feature, is provided for general educational and informational purposes only. It is not legal, tax, investment, accounting, or other professional advice.

New Negotiator LLC is not a law firm and does not provide legal services. Lewis G. Feldman is a California attorney and the managing partner of Feldman Law Group LLP, a separate firm that is not part of the Service. Using the Service, including Ask Lew, does not create an attorney-client relationship with Mr. Feldman, Feldman Law Group LLP, or any other lawyer, and does not make you a prospective client of any of them.

Ask Lew answers are generated by AI, drawing on Mr. Feldman’s book and methods. Mr. Feldman does not personally read or respond to Ask Lew questions.

Lawyer confidentiality does not apply. Mr. Feldman and Feldman Law Group LLP will have no duty, as lawyers, to keep confidential the information you submit through the Service, and your use of the Service will not prevent them from representing anyone else, including a party on the other side of your deal. New Negotiator LLC still protects your content as a business, as described in Section 8 and our Privacy Policy. If you want a lawyer to represent you, contact a lawyer directly rather than using the Service.

7. Acceptable Use

You agree not to:

• use the Service for any unlawful, fraudulent, or deceptive purpose, including to mislead or defraud a counterparty;
• submit content you do not have the right to use or share, including information you are bound to keep confidential;
• use information about other people, including counterparty research and personality assessments, for any purpose other than preparing for and conducting your own negotiations, or use the Service to harass, stalk, or discriminate against anyone, or in violation of privacy laws;
• attempt to access other users’ data, probe or breach our security, or interfere with the Service;
• reverse engineer, scrape, or copy the Service, or use it or its output to build a competing product or train an AI model;
• circumvent plan limits, share accounts, or resell access; or
• violate the usage policies of OpenAI, our current AI provider, or of any provider we use in the future.

You are responsible for complying with any confidentiality obligations you owe others before you put their information into the Service.

Information about other people. You are responsible for having the right to enter information about counterparties and other people, and for using it lawfully. DISC readings and other personality assessments in the Service are subjective aids to your preparation, not statements of fact about any person, and you should not use them to make decisions about a person’s employment, credit, housing, or similar eligibility.

8. Your Content

You own your content. “Your Content” means the deal information, documents, notes, and other material you put into the Service, and the output generated for you from it. As between you and us, you own Your Content.

Our limited license. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content only as needed to provide, secure, and support the Service for you, including sending it to our AI provider when you run an AI feature. We do not sell Your Content, and we do not use it, or allow our AI providers to use it, to train AI models.

Confidentiality. We treat Your Content as confidential. Our personnel and service providers access it only to operate and support the Service, to protect its security, at your direction, or as required by law.

Export and deletion. Some tools let you print or save their output as a PDF: the Deal Cheat Sheet on every plan, and the Deal Brief, Script Generator, and voice practice transcript on Pro and Ultra. Other tools, including Deal Overview, Deal Elements, the BATNA Evaluator, the SWOT Board, power analysis, negotiation rounds, the Advisor and Adversary chats, report cards, and the calendar, do not offer PDF export. Files you upload can be downloaded in their original format, within your plan’s monthly download allowance (100 MB on Free, 1 GB on Pro, 2 GB on Ultra). If you delete your account, we delete Your Content promptly, and remaining copies in backups expire within 7 days, except where we must keep information to comply with law.

Keep your own copies. We work to protect Your Content, but you are responsible for keeping copies of anything you need, and we recommend saving PDFs of important outputs where the tool offers them.

Usage data. We collect technical and usage information about how the Service is used, such as features used, error logs, and performance data (“Usage Data”). Usage Data does not include Your Content. We may use Usage Data, and aggregated information that does not identify you or your deals, to operate, secure, and improve the Service.

9. Third-Party Services

The Service connects with third-party services, such as Google Calendar and Microsoft Outlook for calendar sync, Stripe for payments, OpenAI for AI processing, Neon for data storage, Clerk for sign-in, and Vercel for hosting. Your use of those services is governed by their own terms and privacy policies. When you connect an account, you authorize us to access the data needed for the feature you enable, and you may disconnect at any time. We are not responsible for third-party services.

10. Our Intellectual Property

The Service, including its software, design, tools, frameworks, templates, and text, and the book content it draws on, is owned by New Negotiator LLC or its licensors and is protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a limited, revocable, non-transferable license to use the Service for your own business purposes during your subscription. You may use documents you generate with the Service in your own negotiations.

“New Negotiator,” the NN logo, and related names and marks are trademarks of New Negotiator LLC. You may not use them without our written permission.

Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

11. Disclaimers and Limitation of Liability

Disclaimer. THE SERVICE AND ALL CONTENT AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USING IT WILL PRODUCE ANY PARTICULAR DEAL OUTCOME.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NEW NEGOTIATOR LLC NOR ITS MEMBERS, MANAGERS, CONTRACTORS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DEALS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR $100.

Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including for fraud or willful misconduct.

12. Indemnity, Suspension, and Termination

Indemnity. You will defend and indemnify New Negotiator LLC and its members, managers, and contractors against third-party claims and related costs, including reasonable attorneys’ fees, arising from Your Content, your misuse of the Service, or your violation of these Terms or of law.

Termination by you. You may stop using the Service and delete your account at any time.

Suspension or termination by us. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or other users. Where reasonable, we will give notice and a chance to export Your Content. If we end the Service for reasons other than your breach, we will refund prepaid fees for the unused part of your term.

Inactive accounts. If no one has signed in to your account for 12 consecutive months and it has no active paid subscription, we may close the account and delete Your Content. We will email you at least 30 days before closing it, so you can sign in to keep it or download your documents.

Survival. Sections 6, 8 (license limits and deletion), 10, 11, 12, 13, and 14 survive termination.

13. Dispute Resolution and Arbitration

Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally for 60 days. Send notice describing the dispute and the relief sought to privacy@newnegotiator.com, or by mail to the address in Section 1.

Binding arbitration. Any dispute arising from or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules, if you use the Service for an organization). The arbitration will take place in Los Angeles County, California, or by video, and the Federal Arbitration Act governs this Section. The arbitrator may award the same individual relief a court could.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek relief in court to stop infringement or misuse of intellectual property. Nothing here waives any right to seek public injunctive relief that cannot be waived under California law; any such claim will be decided by a court after the arbitration of individual claims.

Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel, they may be administered in batches under the AAA’s mass arbitration procedures.

Opt out. You may opt out of this arbitration agreement by emailing privacy@newnegotiator.com within 30 days after you first accept these Terms, stating your name, account email, and that you opt out.

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. Any claim not subject to arbitration will be brought exclusively in the state or federal courts in Los Angeles County, California, and both parties consent to their jurisdiction.

14. General Terms

Changes to these Terms. We may change these Terms at any time by posting the updated Terms on the Service with a new effective date. Changes take effect when posted, and your continued use of the Service after that means you accept them. We will give advance notice only where the law requires it, such as for price increases and changes to automatic renewal terms under Section 4. Changes do not apply to disputes already noticed under Section 13.

Entire agreement. These Terms are the entire agreement between you and us about the Service. Our Privacy Policy explains how we handle personal information but is not part of this agreement.

Other terms. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision does not waive it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

California users. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15. Contact Us