Terms of Service

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 do not agree, you may not access or use the Services.

2. Services Description

Aptive Index provides psychometric assessment and related 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 and complete information.
• You are responsible for safeguarding your login credentials and notifying us of unauthorized access.

3.2 Account Types

• Administrator Accounts: For client organizations.
• User Accounts: For assessment takers.
• Strategic Advisor Accounts: For certified advisors.

3.3 Account Termination

We may suspend or terminate accounts that:

• Violate these Terms
• Provide false or misleading information
• Engage in unauthorized access or misuse of the Services

4. Intellectual Property

4.1 Our Rights

Aptive Index owns all rights to:

• Assessment methodology and scoring algorithms
• Platform software
• Reports, insights, and content
• Branding and marketing materials

4.2 Limited License

We grant you a limited, non-exclusive license to:

• Access the platform
• Complete assessments
• View authorized results and reports
• Use insights for internal organizational purposes only

4.3 Restrictions

You may not:

• Copy, reproduce, or distribute assessment content
• Reverse engineer or attempt to extract source code
• Share access credentials or sell platform access
• Use results outside their intended purpose

5. Data Privacy and Processing

5.1 Data Collection and Use

We collect and process personal data as described in our Privacy Policy.
This includes:

• Names and contact information
• Assessment responses and scores
• Limited technical and usage data

For full details on collection, use, and rights, please review our Privacy Policy, which is incorporated into these Terms by reference.

5.2 Data Processing Agreement

For EU/UK clients, Aptive Index acts as a data processor under GDPR and provides:

• Standard Contractual Clauses (SCCs) for lawful cross-border transfers
• Data Processing Agreements (DPAs) embedded into our client contracts
• Technical safeguards and data subject rights support

5.3 Research Use

We may use anonymized and aggregated data solely for:

• Assessment validation and scientific research
• Product improvement and statistical analysis

Identifiable client data is never used to train AI models or for unrelated purposes.

6. User Responsibilities

6.1 Acceptable Use

You agree to:

• Provide accurate information
• Maintain confidentiality of credentials and data
• Use Services in compliance with applicable laws
• Respect the rights of other users and organizations

6.2 Prohibited Activities

You may not:

• Manipulate assessment responses
• Violate privacy or intellectual property rights
• Engage in unauthorized access or attacks on the platform
• Misuse or misrepresent assessment results

7. Payment Terms

• Fees are due prior to access unless otherwise agreed in writing.
• All fees are non-refundable unless required by law.
• Renewal terms and pricing will be provided in advance of renewal periods.

8. Confidentiality

Both parties agree to maintain the confidentiality of:

• Assessment responses and results
• Account and organizational data
• Non-public platform features and content

9. Warranties and Disclaimers

• Services are provided “as is” without guarantees of specific outcomes.
• Aptive Index makes no warranties beyond those required by law.
• Assessment results must be interpreted with human oversight and not used as the sole basis for employment decisions.

10. Limitation of Liability

Our liability is limited to:

• Direct damages only
• Fees paid for the Services giving rise to the claim
• The minimum required by applicable law

11. AI Features and Limitations

Some Services include AI-powered features such as interpretive guidance or coaching.

• Informational Use Only: AI outputs are for educational and developmental purposes, not final employment decisions.
• Human Oversight Required: All hiring, management, and organizational decisions must include independent human judgment.
• Prohibited Reliance:
  • Do not use AI outputs as a substitute for professional advice or legal compliance.
  • Do not rely on AI to replace qualified human oversight in workplace or safety matters.
• Data Handling:
  • AI has no access to personally identifiable information beyond what is explicitly provided during a session.
  • Chat data is ephemeral and not stored by AI providers.

12. International Data Transfers

Aptive Index ensures lawful cross-border data transfers through:

• Standard Contractual Clauses (SCCs) for EU/UK → U.S. transfers
• Equivalent regional safeguards or clauses for APAC and other jurisdictions

Privacy Shield is not used or referenced, as it was invalidated in 2020.

13. Changes to Terms

We may update these Terms as needed for:

• Legal compliance
• Service improvements
• Business requirements

Notice will be provided through:

• Email notification
• Platform announcements

Continued use of the Services after changes constitutes acceptance.

14. Governing Law

• These Terms are governed by U.S. law, with regional privacy compliance as applicable.
• Disputes will be resolved through good faith negotiation, mediation, or arbitration before court proceedings.

15. Contact Information

Questions about these Terms or privacy practices may be directed to:

• Email: legal@aptiveindex.com
• Phone: 512-850-5533
• Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731

‍