Trust & Legal

Enterprise Services Terms

POSITION Consultants, LLC

Version:: 1.1
Effective Date:: October 1, 2026
Last Updated:: October 4, 2026

3. Enterprise Services Terms

These Enterprise Services Terms are intended to be incorporated into proposals, Order Forms, statements of work, and master service agreements between POSITION Consultants, LLC and organizational Customers. If a negotiated master agreement exists, that agreement controls.

1. Program structure

Positioned4Success™ is an intentional leadership-development program, not a generic seat-based employee benefit. Customer may nominate or enroll eligible participants according to the purchased program, cohort, leadership level, and enrollment quantity. Enrollment commitments, activation events, and any substitution rights are defined in the applicable Order Form.

2. Core development experience

Unless an Order Form states otherwise, a core participant experience may include a Leadership Effectiveness Baseline, 360° feedback, individualized development priorities and Development Plan, coach matching, a minimum six-session coaching journey, behavioral experiments, progress measurement, reassessment, and authorized organizational reporting. Additional assessments, group programs, executive packages, on-site services, and additional coaching sessions may be separately configured or purchased.

3. Customer responsibilities

 Provide accurate enrollment information and lawful instructions.  Obtain any organizational notices, permissions, consents, or approvals required for participation and data processing.  Use P4S as a developmental service and not as the sole basis for employment decisions.  Maintain appropriate internal support for participant participation and scheduling.  Ensure authorized administrators use aggregate information responsibly and preserve participant confidentiality.  Pay fees when due and comply with applicable third-party integration requirements.

4. Confidentiality and participant trust

Customer acknowledges that the effectiveness of coaching and developmental feedback depends on appropriate confidentiality. Standard HR/Program Administrator access is limited to authorized group-level program information and does not include individual assessment results, confidential coaching notes, private participant reflections, coach hypotheses, private messages, or confidential coaching conversations. Customer will not require POSITION or coaches to disclose such information except where expressly agreed, legally required, or necessary to address a credible safety/legal issue under applicable professional obligations.

5. Aggregate analytics

Organizational analytics are descriptive and depend on available data, participation, sample size, overlap, and privacy thresholds. POSITION may suppress or aggregate small groups to reduce re-identification risk. Customer acknowledges that aggregate patterns do not establish causation and should not be treated as individual performance ratings.

6. Assessments and intellectual property

Assessment instruments, items, scoring logic, reports, frameworks, and methodology are proprietary to POSITION or its licensors. Customer receives only the limited right to use authorized reports and outputs internally for the contracted development purpose. Customer may not reproduce item banks, create derivative instruments, publish scoring methodologies, or use P4S content to train competing systems without written permission.

7. Fees and commercial terms

Pricing is stated in the Order Form and may include per-enrolled-leader pricing, executive packages, additional coaching sessions, group development, on-site services, travel, or multi-year commitments. Unless otherwise agreed, unused capacity is not a bank of transferable software seats. Enrollment and substitution rules are defined in each Order Form.

8. Payment protection

Invoices are due according to the Order Form. Past-due undisputed amounts may accrue the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs. POSITION may suspend non-critical Services for material nonpayment after reasonable notice. Customer may not withhold undisputed amounts based on unrelated claims.

9. Customer indemnity

Customer will defend, indemnify, and hold harmless POSITION and the Protected Parties from third-party claims arising from Customer’s employment decisions, unlawful instructions, Customer content, failure to obtain required permissions/consents, misuse of participant data, or Customer’s violation of law or agreement, except to the extent caused by POSITION’s indemnifiable conduct under a negotiated agreement.

10. Liability allocation

The warranty disclaimers and limitations of liability in the Terms of Service apply unless a signed Order Form or master services agreement expressly provides otherwise.

11. Publicity

POSITION will identify a Customer by name or logo in public customer lists, case studies, or sales materials only with the Customer’s prior written permission and subject to applicable brand guidelines.

12. Feedback

If Customer or users provide suggestions, ideas, or feedback about the Services, POSITION may use that feedback without restriction or obligation, provided it does not identify confidential Customer information or violate applicable privacy obligations.

Questions about this document? Contact privacy@thepositionforsuccess.com or support@thepositionforsuccess.com.