Talent Insights Terms of Use

Acceptance of Terms

By engaging with Talent Insights, both Participants and Clients agree to these Terms of Use. This forms a legally binding agreement between you and Talent Insights.

Subscription Model

Annual Subscriptions: Talent Insights offers annual subscriptions that automatically renew unless canceled.

2-Year Price Guarantee: Your subscription cost is locked for two years from the renewal date, provided the second-year payment is made on time. This guarantee applies only to the services outlined in your initial order.

Assessment Limits: If your subscription includes assessment limits, unused assessments do not carry over to the next term. Upon renewal, the assessment limit resets.

Cancellation Policy

Within 30 Days: You may cancel your subscription within the first 30 days for a full refund.

After 30 Days: Cancellations made after 30 days will take effect at the end of the current subscription term. Once the term ends, access to Talent Insights services will be terminated.

How to Cancel: To cancel your subscription, contact Talent Insights support:

Call: 1.877.959.6199
Email: support@talentinsights.com

Payment Terms

Currency: All fees are payable in U.S. dollars (USD), as specified in your Order.

Secure Payment Processing: Talent Insights partners with a PCI DSS-compliant third-party provider for secure payment processing.

Failed Payments: If your credit card payment is declined, Talent Insights may attempt to process the payment again.

Consulting Services: Fees & Client Responsibilities

Consulting Services: Consulting services are available as an add-on for clients with active subscriptions, providing customized support and strategic insights beyond standard offerings.

Fees: Consulting service fees are charged separately from your subscription and payable in USD. All consulting service fees are non-refundable.

Client Responsibilities: Clients must provide necessary information for effective delivery of consulting services. Talent Insights supports decision-making through its tools and consulting services, but Clients remain solely responsible for all hiring and management decisions.

Individual Assessment Purchases

Non-Subscription Assessments: Assessments can be purchased individually without a subscription.

Fees: Fees for individual assessments will be displayed at the time of purchase within your Portal account.

Non-Refundable: All individual assessment purchases are non-refundable. If an assessment is sent to a participant but not completed, you can contact support (support@talentinsights.com) to add it back to your inventory.

Client & Participant Responsibilities

Participant Consent and Use of Information
By participating in Talent Insights assessments, Participants consent to sharing their assessment results with the entity that provided access to the Service (e.g., the employer or contracting Client). Participants also agree to receive service updates and relevant communications from Talent Insights. Participation implies agreement to the Talent Insights Privacy Policy, which governs how personal information is handled.

Client's Responsibilities & Restrictions
The Client must designate an Account Owner responsible for representing the Client and managing Client Data. The Account Owner can assign user permissions and ensure that all Users comply with the Acceptable Use Policy (AUP) and 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.

Intellectual Property
Talent Insights retains exclusive ownership of all intellectual property related to its services. Clients and Participants are granted a limited, non-transferable license to access and use the Service for the specific purpose of their engagement, either through a Client subscription or as part of their participation in assessments or platform use as directed by the Client.

This intellectual property includes, but is not limited to, software, databases, trademarks, logos, assessments, content, reports and documentation associated with Talent Insights’ services.

Access by Clients, Participants, or others does not transfer any of these intellectual property rights or create any ongoing right of usage beyond the subscription period. Clients and Participants agree not to:

Modify
Distribute
Create derivative works from
Decompile
Reverse engineer
Disassemble any portion of the Service, except as permitted by applicable law.

Unauthorized use, reproduction, or distribution of any content or proprietary information 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.

Logos: By becoming a Client, you give permission for Talent Insights to use your company logo as part of our promotional activities.

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 any losses, expenses, damages, and costs, including reasonable attorneys' fees. This indemnification applies to any claims arising from:

Violation of these Terms of Use
Any activity related to their account, including negligent or wrongful conduct by them or anyone accessing the Service using their account credentials. This indemnification includes protection against indirect, incidental, punitive, and consequential damages.

Indemnification by Talent Insights: Talent Insights agrees to indemnify, defend, and hold harmless the Client, along with the Client’s officers, directors, and employees, from any losses, expenses, damages, or costs, including reasonable attorneys' fees, arising from a claim that the Talent Insights portal or Services, or the Client’s use of them, infringes on the intellectual property or other proprietary rights of a third 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. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses arising from:

Your access to, use of, or inability to access or use the Service.
Any conduct or content of third parties on the Service.
Any content obtained from the Service.
Unauthorized access, use, or alteration of your transmissions or content.

This limitation of liability applies regardless of the legal theory (warranty, contract, tort, including negligence, or otherwise), and even if Talent Insights has been advised of the possibility of such damages. This applies even if any remedy provided in these Terms is found to have failed its essential purpose.

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.

Term & Termination

This Agreement is effective upon acceptance and remains in effect until terminated. Talent Insights may terminate or suspend access to the Service immediately, without notice, if you breach the Terms of Use. Upon termination, all rights to use the Service will cease immediately.

Entire Agreement, Governing Law, & General Provisions

This Agreement, along with any future amendments, constitutes the entire understanding between you and Talent Insights and supersedes all prior agreements. It is governed by the laws of the State of Texas. Any disputes arising from this Agreement shall be resolved in the courts of Tarrant County, Texas, and both parties agree to submit to the exclusive jurisdiction of those courts.

Severability: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue to be in full effect.
Waiver: Failure by Talent Insights to enforce any part of this Agreement does not waive our right to enforce that part or any other part in the future.
Assignment: You may not transfer or assign any of your rights or obligations under this Agreement without written consent from Talent Insights. Talent Insights may transfer or assign its rights and obligations without restriction.

This Agreement is binding on both parties, as well as their successors and any permitted assignees.

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.