Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OB Measure ("Company," "we," "us," or "our") concerning your access to and use of the OB Measure website, applications, and assessment services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Use of the Service

1.1 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

1.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

1.3 Prohibited Uses

You may not use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or unlawful content
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, modify, or create derivative works of our assessments
• Share your account credentials with others
• Use the Service for any commercial purpose without a commercial license

2. Intellectual Property Rights

2.1 Our Content

The Service and all content, features, and functionality (including but not limited to assessments, questions, scoring algorithms, reports, text, graphics, logos, and software) are owned by OB Measure or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

2.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

2.3 Your Assessment Data

You retain ownership of your assessment responses and results. By using the Service, you grant us a worldwide, royalty-free license to use, store, and process your assessment data to provide the Service and for research purposes (in anonymized, aggregated form).

3. Subscriptions and Billing

3.1 Plans and Pricing

We offer various subscription plans with different features and pricing. Current pricing is available on our Pricing page. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

3.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge the applicable fees to your payment method. All fees are non-refundable except as described in Section 3.5.

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

3.4 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period. No refunds or credits will be provided for partial months or unused time.

3.5 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. If you're not satisfied within 30 days of your initial purchase, contact us for a full refund. Renewals are not eligible for refunds.

4. Assessment Use and Limitations

4.1 Purpose

Our assessments are designed for personal development, educational, and organizational development purposes. They should not be used as the sole basis for employment decisions, medical diagnosis, or legal determinations.

4.2 Accuracy and Validity

While our assessments are based on validated psychological research, no assessment is 100% accurate. Results should be interpreted by qualified professionals and used in conjunction with other information.

4.3 Honest Responses

For accurate results, you must answer assessment questions honestly. We are not responsible for inaccurate results due to dishonest or careless responses.

5. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

6. Disclaimers and Limitations of Liability

6.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

6.2 No Guarantee

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the Service will be accurate or reliable.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OB MEASURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Any conduct or content of any third party on the Service
• Any content obtained from the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

7. Indemnification

You agree to defend, indemnify, and hold harmless OB Measure, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit or transmit through the Service

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in St. Cloud, Minnesota, or another mutually agreed-upon location.

9.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.

10. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Service. Your continued use of the Service after such notice constitutes your acceptance of the new Terms.

11. General Provisions

11.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

11.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.3 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

11.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

12. Contact Information

If you have questions about these Terms, please contact us: