Talent Insights Terms of Use

Acceptance of Terms

By engaging with Talent Insights, both Participants and Clients signify their acceptance of these Terms of Use, forming a binding agreement with Talent Insights. 

Subscription Model, Renewal, and Cancellation

Talent Insights offers annual subscriptions with automatic renewal. With our 2-year Price Guarantee, your subscription cost remains stable for the initial two years of your renewal so long as the 2nd year is paid on time. This assurance pertains to the services specified in your initial Order.

Cancellation: Subscribers can cancel within the first 30 days for a full refund. After 30 days, cancellations take effect at the subscription term's end, at which point access will be terminated.

How to Cancel: For cancellation, contact support by calling 1.877.959.6199 or emailing support@talentinsights.com.

Payments: All fees are detailed in the order, payable in USD. Talent Insights utilizes a PCI DSS-compliant third party for secure payment processing. Should a credit card payment decline, a retry may be attempted.

Consulting Service Purchases: Consulting services are available as an add-on for clients with active accounts, offering customized support and strategic insights beyond our standard service offerings.

• Fees: Consulting service fees will be specified at the time of purchase. All fees for consulting services are charged in addition to your existing subscription and are payable in USD.
• Non-Refundable: Consulting service fees are non-refundable.

Individual Assessment Purchases: Assessments may be purchased individually or in small groups in a non-subscription account.

• Fees: Individual Assessment fees will be specified at the time of purchase through your Portal account.
• Non-refundable: Assessment purchases are non-refundable. Assessments that were sent but not completed by a participant may be added back to your inventory by contacting: support@talentinsights.com.

Client & Participant Responsibilities

Participant Consent and Use of Information
By participating in the Talent Insights assessments, you, the Participant, hereby consent to the sharing of your assessment results with the entity that facilitated your access to the Service (e.g., the employer or contracting entity “client”?). This consent includes the authorization for Talent Insights to send you emails regarding service updates, new products, and other pertinent information. Your participation further implies agreement to Talent Insights' Privacy Policy, which outlines how your personal information will be handled, including potential disclosures required by law or in the case of Terms of Service violations.

Client's Responsibilities & Restrictions
Your Order must specify one (1) employee as your Account Owner who has the authority to represent you, to access Client Data, and act as your designated point of contact for all account administration. The Account Owner will have full administration rights and can designate users and their permissions, including allowing other account users to access Client Data.

As a Client of Talent Insights, you are responsible for ensuring that all Users engaging with the Service on your behalf comply with our Acceptable Use Policy (AUP) and the terms outlined in this Agreement. You agree not to reproduce, distribute, or disclose proprietary Assessments and Content provided through the Service to third parties. The integrity and confidentiality of the Assessment process and results must be maintained, acknowledging that such materials are protected by copyright, trade secrets, and constitute Talent Insights' Confidential Information.

Acceptable Use Policy (AUP)

By using the Service, you agree not to:

• Post, share, or transmit content that is illegal, harmful, abusive, defamatory, invasive of privacy, or offensive in any way.
• Engage in activities that harm or exploit minors.
• Impersonate others or misrepresent your affiliation with any entity.
• Manipulate identifiers to disguise the origin of content shared via the Service.
• Disrupt the Service, its servers, or connected networks.
• Violate any laws or regulations at local, state, national, or international levels.
• Support or hide support for organizations identified as terrorist by the U.S. government.

Consequences of Non-compliance: Violating this Acceptable Use Policy can result in actions including but not limited to:

• Suspension or termination of your account.
• Legal actions against you.
• Financial responsibility for the costs related to investigation and correction of violations.
• We reserve the right to employ any remedial actions deemed necessary.

Reporting Violations: If you witness or become aware of a breach of this AUP, please report it to us at support@talentinsights.com with "AUP Violations" as the subject.

Consulting Services & Requirements of the Client

Talent Insights offers consulting services as an additional Service for purchase. As a Client, you are required to provide all necessary information to enable the effective delivery of these consulting services. Talent Insights’ is dedicated to supporting and enhancing your decision-making process through its suite of tools and consulting services. However, the Client acknowledges that all hiring, and management decisions are the sole responsibility of the Client.

Content and Intellectual Property
The Service, including all intellectual property rights in the Service, is owned by Talent Insights or its licensors. This includes, but is not limited to, all software, databases, trademarks, logos, Assessments, Content, and documentation associated with our web-based workplace Assessments and employee management products and services. Access or use by Client’s, Participants or others does not transfer any of these intellectual property rights or create any ongoing right of usage beyond any applicable subscription period. Talent Insights grants Clients and Participants a limited, exclusive, non-transferable license to access and use the Service for the duration of the subscription or participation, solely as permitted under these Terms of Use.

Clients and Participants agree not to modify, distribute, create derivative works from, decompile, reverse engineer, or disassemble any portion of the Service, except as may be allowed by applicable law. Unauthorized use, reproduction, or distribution of any content or proprietary information of the Service is strictly prohibited and may result in civil and criminal penalties.

Marketing & Promotional Activities

Reviews, Testimonials, and Feedback: When you provide a review, testimonial, or any feedback about our Services, or when you post such content publicly, we may share this information publicly as part of our promotional activities. This helps others understand the value we provide to our Clients.

Legal & Compliance

Talent Insights and its Clients and Participants agree to comply with all applicable laws, regulations, and codes of practice when using the Service. This includes laws related to data protection, privacy, and intellectual property rights.

Limitations, Exclusions, and Disclaimers: Talent Insights provides the Service "as is" and makes no representations or warranties of any kind, express or implied, as to the operation of the Service, the information, content, materials, or products included on the Service. To the full extent permissible by applicable law, Talent Insights disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Talent Insights will not be liable for any damages arising from the use of the Service, including direct, indirect, incidental, punitive, and consequential damages.

Indemnification

Indemnification by Clients and Participants: Client and Participants agree to indemnify, defend, and hold harmless Talent Insights, its officers, directors, employees, agents, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to their account (including negligent or wrongful conduct) by them or any other person accessing the Service using their account credentials including, indirect, incidental, punitive, and consequential damages.

Indemnification by Talent Insights: Talent Insights agrees to indemnify, defend, and hold harmless Client, Client’s officers, directors, employees, agents, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from a claim that Talent Insights’ portal or Services, or clients’ use of the portal or Services, infringe the intellectual or other property rights of any party.

Limitation of Liability

Talent Insights, including its directors, employees, agents, and affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Term & Termination

This Agreement is effective upon your acceptance as stated herein and will continue in full force until terminated. Talent Insights may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach the Terms of Use. Upon termination, your right to use the Service will immediately cease.

Entire Agreement, Governing Law, & General Provisions

This Agreement, along with any future amendments or additional agreements related to the Service, mutually agreed upon in writing, constitutes the entire understanding between you and Talent Insights. It supersedes all prior discussions, agreements, and documents. This Agreement is governed by the laws of the State of Texas without regard to its conflict of laws principles.

• Severability: If any part of this Agreement is found invalid or unenforceable, the remainder continues in effect, ensuring the agreement’s overall enforceability.
• Waiver: Failure by Talent Insights to enforce any part of this Agreement does not constitute a waiver of our right to later enforce that or any other part of this Agreement.
• Assignment and Succession: You cannot transfer or assign any rights or obligations under this Agreement without our written consent. Talent Insights may assign its rights and obligations without restriction. This Agreement benefits and binds the parties and their successors and permitted assigns.

Definitions
For clarity within this Agreement, the following definitions apply:

• Portal: The dedicated online interface provided by Talent Insights where Clients and Users can access the Service to manage assessments, view reports, and use the hiring and management tools.
• Service: Talent Insights’ web-based workplace personality, behavior, and career preference profile, hiring and employee management products and services.
• Client: Any business, organization, or entity that enters into an agreement with Talent Insights to use the Service, and on whose behalf Users and Participants engage with the Service.
• Account Owner: The individual recognized by Talent Insights as the primary holder and administrator of the Portal account.
• Participant: An individual directed by the Client to use the Service for Assessment.
• User: Any individual using the Service on behalf of the Client.
• Client Data: Electronic data submitted or collected through the Service by or from the Client.
• Free Trial: Complimentary access for a limited time to the Service for evaluation purposes.
• Order: A formal request for the Service by the Client, accepted by Talent Insights.
• Term: The duration of the agreement between the Client and Talent Insights as specified in the Order, during which the Client and authorized Users are permitted to use the Service under the terms agreed upon.
• Content: All content available through the Service’s Portal account.
• Assessment(s): A structured evaluation provided through the Service, designed to measure various attributes such as personality, behavior, and career preferences of Participants.
• Consultant: Specialist providing consulting services for Talent Insights.