End User License Agreement

Review draft · 8 October 2026. Before public use, confirm the contracting legal entity, privacy notice and contact, purchase terms, governing law and dispute forum, and obtain legal review. Local acceptance is recorded by version and time. This legal draft still needs approval before public launch.

Agreement and scope

This End User License Agreement governs authorised access to IDENTI3 assessments, reports and related software. “IDENTI3” means the legal service provider identified in your order or invitation; it does not make every coach or representative your contracting party. Separate written business terms apply where expressly agreed. Mandatory consumer and privacy rights remain unaffected. If you do not agree, do not use the service and contact the organisation that invited you.

Your licence

Subject to these terms and any agreed fees, you receive a limited, non-exclusive, non-transferable licence to use the service for the authorised assessment, personal development or organisational purpose stated in your invitation. Your organisation must establish its own lawful basis and permissions when using another person’s information. No ownership in IDENTI3 software or methodology transfers to you.

Account and one time passwords

Use only the invitation and OTP issued to you. Keep access codes confidential, do not share an account or impersonate another person, and report suspected misuse promptly through the contact channel in your invitation. Submit answers honestly. IDENTI3 will not ask you to disclose your OTP in public messages. Security responsibilities are shared; these terms do not make you responsible for breaches caused by IDENTI3’s failure to meet its legal obligations.

Permitted use and intellectual property

IDENTI3 and its licensors retain rights in software, questionnaires, scoring systems, frameworks, report templates, trademarks and approved content. You may retain and share your permitted report with authorised recipients for its stated purpose. Do not extract or publish proprietary questions, formulas, algorithms or restricted methodology; resell access; scrape or bulk export other users’ data; evade access or credit controls; introduce malicious code; or use the service to develop a competing scoring system. Restrictions apply only to the extent permitted by law and do not prevent lawful reporting, independent advice or exercise of statutory rights.

Your information and privacy

You retain your rights in information you provide. You grant only the permissions reasonably necessary to operate the authorised service, produce requested reports and provide support, subject to the applicable privacy notice. Before collecting information, the provider must explain purposes, recipients, retention, cross-border transfers and the privacy contact. Access by employers, administrators, practitioners or representatives must be authorised and explained; participation does not create unlimited access. Optional marketing and AI personalisation require separate choices where applicable. EULA acceptance is not blanket consent to unrelated processing, public disclosure or model training. Access, correction, withdrawal and other applicable rights remain available.

Assessment and AI limitations

Results describe patterns in responses and are not a medical diagnosis, a guarantee of performance, or a definitive judgement of character. Scores and consistency levels must be read together. AI-assisted explanations may be inaccurate, incomplete or unsuitable for a particular situation. Use qualified human judgement and relevant context, and seek clarification where needed. Do not use a profile or AI output as the sole basis for hiring, dismissal, promotion, clinical, financial or other consequential decisions. Do not infer unrelated sensitive characteristics or use results to harass, discriminate or harm another person.

Representatives and other users

IDENTI3 personnel, authorised representatives, practitioners, licensors and service providers are protected against misuse of their work, confidential information and systems under these terms. They may act only within their actual authority; these terms do not authorise them to access or disclose respondent information. Other users’ privacy and intellectual property must be respected. An independent representative’s separate services and promises are governed by their own agreement unless IDENTI3 expressly accepts responsibility in writing.

Company-sponsored assessment

Your assessment invitation is provided through the inviting organisation. Respondents have no billing, credit purchase or payment step in this flow. The organisation’s authorised users can view completed results, consistency and review indicators. Optional AI processing has a separate choice and can be withdrawn for future requests in your respondent context settings. Withdrawal does not undo processing already lawfully completed.

Charges and service changes

Applicable prices, credit rules, subscriptions and cancellation or refund terms must be disclosed before purchase. No payment is authorised simply by signing in. Failed AI generations must not be charged as successful answers under the applicable credit policy. IDENTI3 may maintain or change the service with reasonable notice where practicable; material changes affecting paid access will be handled consistently with the purchase terms and applicable law.

Security and availability

Reasonable protective measures are required, but uninterrupted availability cannot be guaranteed. Maintenance, communications failures and regional network restrictions may affect access. Regional access options do not waive security or privacy obligations. Do not submit an OTP or personal information over an unencrypted public HTTP connection. Contact support using your invitation if a secure connection is unavailable.

Service uptime, interruptions and downtime claims

Unless IDENTI3 expressly agrees otherwise in a separate written service-level agreement, no minimum uptime percentage, uninterrupted access, error-free operation or fixed restoration time is guaranteed. Access may be interrupted or degraded by planned or emergency maintenance, upgrades, security measures, hosting or infrastructure failures, power or telecommunications outages, third-party services, regional network restrictions or events beyond IDENTI3’s reasonable control. IDENTI3 will use reasonable efforts to restore affected services. Advance notice of maintenance will be provided where reasonably practicable, but emergency action may be taken without prior notice.

To the fullest extent permitted by applicable law, and only where lawful and reasonable, IDENTI3, its personnel, authorised representatives and service providers are not liable for indirect or consequential loss, or loss of profits, revenue, business opportunities, anticipated savings or goodwill, arising from service interruption, delay or unavailability. They are not liable for downtime losses to the extent caused by circumstances beyond their reasonable control, provided they have taken reasonable precautions and reasonable steps to mitigate the interruption. These exclusions do not excuse a failure to meet obligations that cannot lawfully be excluded.

Downtime does not by itself create an automatic entitlement to compensation, a refund, service credits or an extension of a credit period. Any entitlement is governed by the applicable purchase terms, a separate written service-level agreement and mandatory law. Expressly agreed service-level remedies remain effective. Failed AI generations remain subject to the success-only credit charging policy. Clients should allow reasonable time for time-sensitive assessments and maintain appropriate alternative arrangements.

This clause is subject to the exceptions under “Responsibility and limits”. It does not exclude liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability, refund right or remedy that cannot lawfully be excluded. It does not prevent a person from bringing a claim or exercising statutory rights. Mandatory consumer, privacy and data protection obligations remain unaffected.

Suspension and termination

Access may be restricted where reasonably necessary to investigate misuse, protect people or systems, comply with law, or address a material breach. Where lawful and practicable, the provider will give reasons and an opportunity to resolve the issue. Termination does not remove statutory rights, valid refund claims or applicable rights to request access to retained personal data. Confidentiality, intellectual property and lawful accrued obligations survive termination.

Responsibility and limits

Each party remains responsible for its own unlawful conduct and breach of obligations. To the extent lawful and reasonable, IDENTI3 and its personnel, authorised representatives and service providers are not liable for losses arising solely from unauthorised use, decisions made contrary to stated limitations, or independent third-party services outside their control. Any exclusion applies only to loss caused by the stated event. Nothing excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability or remedy that cannot lawfully be excluded. These terms do not require a user to indemnify another party for that party’s own negligence or unlawful conduct.

Questions and disputes

Raise concerns first through the support contact in your invitation or order, with enough information to investigate but without sending passwords or unnecessary sensitive data. Both parties should seek a reasonable resolution in good faith. The governing law and forum must be specified by the contracting provider before publication; mandatory local consumer and privacy protections continue to apply. No compulsory arbitration, exclusive jurisdiction or waiver of statutory remedies is created by this draft.

Changes to these terms

IDENTI3 reserves the right to change, amend or modify this End User License Agreement and its terms at any time without prior notification, except where notice or renewed consent is required by applicable law or an existing contractual obligation. Updated terms will be published on this page with a revised version and effective date. Changes apply prospectively and do not retrospectively remove accrued rights. Nothing in this clause limits rights or protections that cannot lawfully be excluded.

Updates and records

The provider must make the applicable version available before acceptance, record the accepted version and time with the authenticated account, and seek renewed agreement to material changes where required. A change does not retrospectively remove accrued rights. If a provision is unenforceable, the remaining provisions continue to the extent lawful. This respondent draft is version respondent-2026-10-12-v4. Effective date: 12 October 2026. Local acceptance records do not replace completion and approval of the public terms.