Terms of Service

1. Positioned4Success™ Terms of Service

These Terms of Service ("Terms") govern access to and use of the Positioned4Success™ websites, platform, applications, assessments, coaching-related technology, reports, artificial-intelligence-enabled features, integrations, content, and related services (collectively, the "Services"). The Services are operated by POSITION Consultants, LLC, a Maryland limited liability company ("POSITION," "Positioned4Success," "P4S," "we," "us," or "our").

1. Acceptance and authority

By accessing or using the Services, creating an account, accepting an invitation, connecting an integration, purchasing Services, or otherwise indicating acceptance, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to applicable terms. If you do not agree, do not use the Services.

2. Eligibility and professional-use context

The Services are intended for adults and professional or organizational leadership-development use in the United States. You must be at least 18 years old and legally capable of entering into a binding agreement. The Services are not intended for children.

3. Enterprise-sponsored access

Your access may be sponsored or administered by an employer, client organization, program sponsor, or other enterprise customer ("Customer"). Customer-specific order forms, statements of work, data-processing terms, or enterprise agreements may apply in addition to these Terms. If a conflict exists, the signed enterprise agreement controls for that Customer to the extent of the conflict.

4. Accounts and security

You are responsible for maintaining accurate account information, safeguarding credentials, using reasonable security practices, and promptly notifying us of suspected unauthorized access. Accounts are personal to the authorized user and may not be shared. We may require identity or account verification and may suspend access when reasonably necessary to protect users, Customers, POSITION, or the Services.

5. License to use the Services

Subject to these Terms and payment of applicable fees, POSITION grants authorized users a limited, revocable, non- exclusive, non-transferable, non-sublicensable right to access and use the Services solely for their intended leadership-development and organizational-development purposes. No ownership interest is transferred.

6. Proprietary rights

POSITION and its licensors retain all right, title, and interest in the Services and associated intellectual property, including the Positioned4Success™ platform and brand, PositionedForSuccess™ assessments, assessment items, scoring methodologies, interpretation frameworks, reports, POSITION™ Coaching Framework, Strategy Consultant architecture, workflows, training materials, designs, software, documentation, prompts, content, trademarks, trade dress, know-how, and derivative works, except for third-party materials expressly identified as such. Except where expressly authorized in writing, you may not copy, reproduce, scrape, download in bulk, publish, sell, license, reverse engineer, benchmark for competitive publication, create derivative assessments from, disclose assessment item banks, circumvent access controls, or use proprietary content to train or develop a competing model, assessment, platform, or service.

7. User and Customer content

You retain rights you may have in information and content you submit. You grant POSITION a non-exclusive license to host, process, transmit, reproduce, format, and otherwise use that content as reasonably necessary to provide, secure, support, administer, and improve the Services, comply with law, enforce agreements, and exercise other rights described in our Privacy Policy and applicable Customer agreements. To the extent permitted by law and applicable Customer agreements, POSITION may create and use aggregated or de- identified information that is not reasonably linkable to an identified or identifiable individual for analytics, service improvement, research, psychometric evaluation, security, benchmarking after an appropriate methodology exists, and development of products and services. POSITION will not attempt to re-identify information it treats as de- identified except to test or maintain de-identification safeguards or as otherwise permitted by law.

8. Assessments and developmental information

The Services include developmental assessments, multisource/360 feedback, leadership profiles, development plans, behavioral experiments, progress measures, and related interpretations. These tools are designed for leadership development and reflection. They are not clinical, medical, psychological diagnostic, employment-selection, fitness- for-duty, or legal instruments. Results are not guarantees or definitive statements about personality, capability, future performance, or business outcomes.

9. Employment decisions remain with the Customer

POSITION does not make hiring, firing, promotion, demotion, compensation, discipline, succession, or other employment decisions for Customers. Customers are solely responsible for their employment practices and decisions, including determining whether and how information may lawfully be used. Customers agree not to rely on P4S assessments, AI output, coaching information, or developmental recommendations as the sole basis for a decision producing legal or similarly significant effects on an individual.

10. Coaching services

Coaching is a professional development service and is not psychotherapy, medical care, legal advice, financial advice, crisis intervention, or another licensed health service unless expressly contracted and provided by an appropriately licensed professional acting in that capacity. Coaching outcomes depend on many factors, including participant engagement and organizational context, and no particular outcome is guaranteed.

11. AI-enabled features

Certain features may use artificial intelligence to summarize authorized information, surface patterns, generate questions, assist with developmental interpretation, suggest behavioral experiments, or support organizational analysis. AI output may be incomplete, inaccurate, or inappropriate for a particular context and must be reviewed using professional judgment. AI does not replace qualified human judgment and is not authorized to make employment decisions. POSITION may modify, limit, or discontinue AI functionality.

12. Third-party services and integrations

The Services may interoperate with third-party products such as Zoom, Google Calendar, Microsoft Outlook and Microsoft Graph, BILL, and cloud infrastructure or AI service providers. Third-party services are governed by their own terms and privacy practices. POSITION is not responsible for third-party services, outages, acts, omissions, data practices, changes, or availability. You authorize POSITION to exchange data with a connected service only as needed to provide the integration you enable and as described in applicable disclosures.

13. Fees, invoicing, and payment

Fees, enrollment quantities, coaching packages, implementation services, group sessions, on-site services, additional coaching sessions, travel, discounts, and payment schedules are governed by the applicable Order Form, proposal,

invoice, or statement of work. Unless expressly stated otherwise, fees are non-refundable once earned or committed under the applicable agreement. Customer is responsible for applicable taxes other than taxes imposed on POSITION’s net income. BILL or another approved service may be used for invoicing or payment administration.

14. No guaranteed utilization or outcome

Unless expressly stated in a signed Order Form, POSITION does not guarantee a particular utilization rate, participant completion rate, coaching outcome, assessment change, promotion, retention result, employee-performance result, financial result, or return on investment. Customer remains responsible for participant selection, internal communication, managerial support, and organizational conditions affecting participation and outcomes.

15. Acceptable use

You must comply with the Acceptable Use Policy. Without limiting that policy, you may not use the Services unlawfully; infringe rights; harass others; compromise security; upload malicious code; scrape proprietary assessment content; attempt unauthorized access; misrepresent AI output as verified fact; or use confidential participant information contrary to applicable permissions or law.

16. Suspension and termination

POSITION may suspend or restrict access when reasonably necessary for security, legal compliance, nonpayment, material breach, misuse, risk to the Services or other users, third-party platform requirements, or investigation of suspected misconduct. We may terminate access in accordance with applicable agreements. Provisions that by their nature should survive termination—including payment obligations, confidentiality, IP, disclaimers, limitations, indemnities, and dispute terms—survive.

17. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." POSITION AND ITS PROTECTED PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS. POSITION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY ASSESSMENT, AI OUTPUT, COACHING SERVICE, INTEGRATION, OR RECOMMENDATION WILL PRODUCE A PARTICULAR RESULT.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSITION AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, COACHES, CONTRACTORS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (THE "PROTECTED PARTIES") WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY; OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO POSITION FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR A USER WHO HAS NOT PAID POSITION DIRECTLY, THE AGGREGATE LIMIT WILL BE ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

19. Indemnification

To the maximum extent permitted by law, Customers and users acting outside authorized use agree to defend, indemnify, and hold harmless the Protected Parties from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from: (a) violation of these Terms or law; (b) misuse of the Services; (c) Customer-provided content or instructions; (d) employment or personnel decisions made by Customer; (e) failure to obtain required notices, consents, permissions, or authorizations; or (f) infringement or violation caused by materials supplied by Customer or user. Enterprise agreements may modify this provision.

20. Confidentiality

Each party receiving nonpublic confidential information from another will use reasonable measures to protect it and use it only for authorized purposes. Confidential information does not include information lawfully known without restriction, independently developed, lawfully obtained from a third party without duty, or publicly available without breach. Disclosure may be made where required by law, subject where lawful to reasonable notice and cooperation.

21. Changes to Services and Terms

We may update the Services and these Terms. Material changes will be communicated as required by law or contract. Continued use after an effective date constitutes acceptance where legally permitted. Changes will not retroactively eliminate rights that cannot lawfully be waived.

22. Governing law and disputes

A signed Customer agreement may specify the governing law, venue, and dispute-resolution process for that Customer. Where no signed Customer agreement addresses those subjects, applicable law and the rules of a court with proper jurisdiction will govern. Before filing a claim, the parties agree to make a good-faith effort to resolve the dispute informally by providing written notice and allowing a reasonable opportunity to respond, except where immediate relief is reasonably necessary.

23. Miscellaneous

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; POSITION may assign them in connection with a merger, reorganization, sale of assets, financing, or by operation of law. Headings are for convenience. These Terms, together with incorporated policies and applicable signed agreements, constitute the applicable agreement regarding the Services.

24. Contact

POSITION Consultants, LLC 2886 Sandy Plains Road, Unit 669774 Marietta, GA 30066, United States (800) 460-9524 support@thepositionforsuccess.com privacy@thepositionforsuccess.com