Terms of Service
Last Updated: January 28, 2025
1. Agreement to Terms
By accessing or using Aptive Index's platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you do not have permission to access the Services.
2. Services Description
Aptive Index provides psychometric assessment services including:
- Assessment administration and scoring
- Results analysis and reporting
- Team insights and development tools
- Administrative platform access
- Strategic advisory services
3. User Accounts
3.1 Account Requirements
- You must be at least 18 years old
- You must provide accurate, complete information
- You are responsible for maintaining account security
- You must notify us of unauthorized access
3.2 Account Types
- Administrator Accounts (client organizations)
- User Accounts (assessment takers)
- Strategic Advisor Accounts
3.3 Account Termination
We reserve the right to terminate accounts that:
- Violate these Terms
- Provide false information
- Engage in unauthorized access
- Misuse the Services
4. Intellectual Property Rights
4.1 Our Rights
Aptive Index owns all rights to:
- Assessment methodology
- Scoring algorithms
- Platform software
- Reports and insights
- Brand assets
4.2 Limited License
We grant you a limited, non-exclusive license to:
- Access the platform
- Complete assessments
- View authorized results
- Use insights as intended
4.3 Restrictions
You may not:
- Copy or reproduce assessment content
- Reverse engineer the platform
- Share access credentials
- Sell or distribute results
- Modify platform content
5. Data Usage and Privacy
5.1 Data Collection
We collect and process data as described in our Privacy Policy, including:
- Personal information
- Assessment responses
- Usage data
- Technical information
5.2 Data Processing Agreement
For EU/UK clients, we act as a data processor under GDPR and provide:
- Standard Contractual Clauses
- Data Processing Agreement
- Required technical measures
- Data subject rights support
5.3 Research Use
We may use anonymized data for:
- Assessment validation
- Scientific research
- Product improvement
- Statistical analysis
6. User Responsibilities
6.1 Acceptable Use
You agree to:
- Provide accurate information
- Maintain confidentiality
- Use Services appropriately
- Respect others' rights
- Follow applicable laws
6.2 Prohibited Activities
You may not:
- Share access credentials
- Manipulate assessment responses
- Misuse platform features
- Violate others' privacy
- Engage in unauthorized access
7. Payment Terms
7.1 Fees
- Fees are based on selected services
- Payment is required before access
- All fees are non-refundable
- Prices may change with notice
7.2 Payment Processing
- Secure payment processing
- Multiple payment methods
- Automatic renewal options
- Invoice requirements
8. Confidentiality
8.1 Our Obligations
We protect:
- Assessment responses
- Individual results
- Account information
- Organization data
8.2 Your Obligations
You must maintain confidentiality of:
- Access credentials
- Assessment content
- Others' results
- Platform features
9. Warranties and Liability
9.1 Service Warranty
We warrant that:
- Services will function as described
- Data will be protected
- Support will be provided
- Updates will be maintained
9.2 Disclaimer
- Services provided "as is"
- No guarantee of specific outcomes
- Results require human interpretation
- Performance depends on accurate input
9.3 Limitation of Liability
Our liability is limited to:
- Direct damages only
- Fees paid for Services
- Required legal minimums
- Applicable insurance coverage
10. Indemnification
You agree to indemnify us against claims from:
- Your use of Services
- Account violations
- Data misuse
- Privacy breaches
- Term violations
11. Changes to Terms
We may modify these Terms:
- With prior notice
- For legal compliance
- To reflect Service changes
- For business needs
Changes become effective upon:
- Email notification
- Platform announcement
- Continued Service use
12. Governing Law
12.1 Jurisdiction
- US law governs generally
- EU law for GDPR compliance
- Local laws where required
12.2 Dispute Resolution
- Good faith negotiation
- Required mediation
- Binding arbitration
- Court action if required
13. GDPR Compliance
13.1 Data Controller/Processor
- We act as both controller and processor
- Processor for client organizations
- Controller for direct relationships
13.2 Data Subject Rights
We support:
- Access requests
- Correction rights
- Deletion rights
- Portability requirements
- Processing restrictions
13.3 International Transfers
We ensure compliance through:
- Standard Contractual Clauses
- Privacy Shield (when applicable)
- Technical safeguards
- Regular assessment
14. Additional Terms
14.1 Assessment Ethics
We commit to:
- Scientific validation
- Bias prevention
- Ethical testing standards
- Professional guidelines
14.2 Results Usage
Results should be:
- One part of decisions
- Interpreted by humans
- Used as intended
- Protected appropriately
15. Contact Information
For questions about these Terms:
- Email: legal@aptiveindex.com
- Phone: 512-850-5533
- Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731
- DPO: [contact information TBD]
16. Severability
If any provision of these Terms is found to be unenforceable:
- Remaining terms continue
- Invalid terms are modified
- Legal requirements prevail
- Intent is preserved