1. Definitions

• "Authorized Users" — the employees or contractors Customer permits to use the Services or, where Customer is an individual, that individual.
• "Customer Data" — data and content Customer or its Authorized Users submit to the Services, including meeting recordings and transcripts, activity from connected integrations, and assessment inputs.
• "Order Form" — an ordering document, online checkout, or subscription selection specifying the Services, fees, term, and any user or usage limits.

2. The Services, License, and Authorized Users

Company Information

Product Sense, Inc., a Delaware corporation with its principal place of business at 1151 Walker Road Dover, DE, 19904 US (the "Company" or "Product Sense") is the owner and provider of the Find Your Great platform and related services.

Service Description

Find Your Great is a cloud-based platform that helps users discover their unique strengths, values, and potential career paths through personalized assessments, AI-powered insights, and curated resources (the "Service"). The Service includes:

• Personality and career assessment tools
• AI-powered insights and recommendations
• Professional development resources
• Career exploration features
• Progress tracking and analytics
• Desktop meeting recording and transcription — audio capture of meetings you choose to record, converted into searchable transcripts and insights

License Grant

Subject to the terms of this Agreement, Product Sense grants Customer and its Authorized Users a non-exclusive, non-transferable, revocable license to access and use the Service for Customer's internal business purposes, or for personal use where Customer is an individual, in accordance with these Terms of Service.

Authorized Users

Customer is responsible for its Authorized Users' compliance with the Agreement and for all activity that occurs under its account and credentials.

Prohibited Activities

Users agree not to:

• Use the Service for any illegal, harmful, or unauthorized purpose
• Attempt to reverse engineer, decompile, or disassemble the Software
• Share, sell, or distribute their account access to third parties
• Input false or misleading information that could affect assessment results
• Attempt to circumvent security measures or access restrictions
• Use automated tools or bots to interact with the Service
• Create multiple accounts to abuse free trial offerings
• Copy, reproduce, or distribute Product Sense Content without permission
• Use the Services to build or support a product or service that competes with the Services

3. Meeting Recording and Consent

If you use the Service to record or transcribe meetings, it is your responsibility to obtain any consent required to record and to comply with all applicable laws governing the recording or monitoring of communications, in every jurisdiction where you or a meeting participant is located. You will record only meetings you are authorized to record, and will obtain participant consent where required. Where an organization is the customer, that organization is responsible for meeting these obligations for the people it authorizes to use the Service. This allocation of responsibility does not limit Product Sense's own obligations under applicable data protection law.

4. Customer Data, Privacy, and Data Handling

Ownership of Customer Data

As between the parties, Customer owns Customer Data. Customer grants Product Sense a worldwide, non-exclusive license to host, process, and use Customer Data to provide, secure, support, and improve the Services.

Your Responsibility for the Data

Customer represents that it has the rights, permissions, and consents necessary for us to process the Customer Data it provides — including meeting recordings and transcripts (see Section 3) — and that providing it and our processing of it will not violate any law or the rights of any third party.

Privacy Policy Integration

User privacy and data protection are governed by our comprehensive Privacy Policy, which forms an integral part of these Terms of Service. Where we process personal data on Customer's behalf, that processing is additionally governed by our Data Processing Addendum. Users should review the Privacy Policy to understand how personal information is collected, used, and protected.

Assessment Data

Assessment responses and results are treated as confidential user information. Product Sense will not share individual assessment results with third parties without explicit user consent, except as required by law.

Data Security

Product Sense implements comprehensive security measures to protect user data:

• Encryption Standards: Data encrypted at rest using AES-256 and in transit using TLS 1.2 or higher
• Access Controls: Role-based access with multi-factor authentication for administrative functions
• Monitoring: Continuous security monitoring and incident response procedures
• Compliance: Regular security assessments and compliance audits

Data Classification

5. Third-Party Integrations

Service Integrations

Product Sense may integrate with third-party services to enhance functionality. When using integrated services, users may be subject to additional terms and privacy policies of those third-party providers.

Data Sharing

Integration with third-party services may involve sharing certain user data as necessary for functionality. Users will be informed of such data sharing and may be required to provide explicit consent before data is shared with third-party integrations.

Integration Security

Product Sense maintains security and compliance standards for all third-party integrations, including data encryption, access controls, and regular security assessments of integrated services.

6. Data Use and Analytics

Service Improvement

Product Sense may use aggregated, anonymized data to improve services, develop new features, and enhance user experience. Individual user data is not used for these purposes without explicit consent.

Research and Development

Anonymized assessment data may be used for research purposes to improve career guidance methodologies and develop new assessment techniques. All research use maintains strict privacy protections and anonymization standards.

Marketing and Communications

User data may be used for personalized marketing communications and service recommendations, subject to user preferences and consent settings. Users may opt out of marketing communications at any time.

7. API Access and Integrations

API Access

Product Sense may provide application programming interfaces ("APIs") to enable integrations with third-party systems, including Human Resources Information Systems (HRIS). API access is subject to:

• Rate limits of 1,000 requests per hour or 100 requests per minute per API key
• Authentication requirements and security protocols
• Compliance with these Terms of Service
• Additional API-specific terms that may be provided

8. Intellectual Property; Feedback

Product Sense Ownership

Product Sense retains all right, title, and interest in and to the Service, Software, Product Sense Content, assessment methodologies, algorithms, and all related intellectual property. This includes but is not limited to copyrights, trademarks, trade secrets, patents, and proprietary information.

Assessment Results

While users own their personal information, the specific assessment results, insights, and recommendations generated by our proprietary algorithms and methodologies remain the intellectual property of Product Sense. Users receive a license to use their individual results for personal development purposes.

Feedback

If you provide feedback or suggestions about the Services, you grant Product Sense a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without restriction or any obligation to you.

9. Commercial Terms

Service Plans

Product Sense offers both free and paid tiers of the Service. Specific features, limitations, and pricing for each tier are described on our website, during the sign-up process, or in an Order Form. Except as required by law or stated in an Order Form, fees are non-refundable.

Subscriptions and Renewal

Self-serve subscriptions renew automatically for successive periods at the then-current rate unless you cancel before the renewal date. Order-Form subscriptions renew as stated in the Order Form. You may cancel a self-serve subscription at any time, effective at the end of the current billing period.

Payment

For self-serve plans, you authorize us to charge your payment method on file for all applicable fees, including subscription fees, usage or overage charges, and add-ons you initiate. For Order Forms, fees are due as stated there. You are responsible for applicable taxes, excluding taxes on our income.

Payment Failures

If payment fails, Product Sense will attempt multiple automatic retries using the payment method on file. Users will receive notice of payment failures and have 14 days to resolve payment issues before access to paid features is suspended. During suspension, users retain access to free tier features and may continue completing assessments.

10. Confidentiality

Each party may access the other's non-public information ("Confidential Information"). The receiving party will use Confidential Information only to perform under the Agreement, protect it with at least reasonable care, and disclose it only to representatives with a need to know who are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed by it, or is rightfully obtained from a third party. Either party may disclose Confidential Information if legally compelled, giving reasonable prior notice where permitted. Customer Data is Customer's Confidential Information and is also governed by Section 4 and the DPA.

11. Warranties and Disclaimers

No Professional Advice

The Service provides educational and informational content only. Assessment results and recommendations are not professional career counseling, psychological advice, or employment guarantees. Users should consult qualified professionals for specific advice.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. PRODUCT SENSE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCT SENSE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO PRODUCT SENSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR REVENUES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

Users acknowledge that career decisions involve personal judgment and multiple factors beyond the scope of the Service. Product Sense is not responsible for outcomes resulting from users' career decisions.

13. Indemnification

User Indemnification

Users agree to indemnify, defend, and hold harmless Product Sense, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• User's use of the Service in violation of these Terms
• User's violation of any third-party rights, including intellectual property rights
• Any fraudulent or misleading information provided by the User
• User's violation of applicable laws or regulations
• User's recording or transcription of meetings using the Service, including any failure to obtain required participant consent or to comply with applicable recording laws

Claims Process

Product Sense will promptly notify users of any claims subject to indemnification and will provide reasonable cooperation in defense of such claims. Users may not settle any claim without Product Sense's prior written consent.

Limitation of Indemnification

This indemnification obligation will survive termination of the agreement and applies only to the extent that claims arise from user actions or omissions that violate these Terms of Service or applicable law.

14. Term and Termination

Contract Term

These Terms of Service remain in effect while you use Product Sense services or as stated in an Order Form. The agreement continues until terminated by either party according to the provisions outlined in this section.

User Termination

Users may terminate their account and cease using Product Sense services at any time by:

• Contacting Product Sense support to request account deletion
• Following account closure procedures provided in the user interface
• Canceling any active subscription services

Company Termination

Product Sense may terminate user access for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Non-payment of fees
• Security concerns or policy violations
• Discontinuation of services with 30 days' notice

Effect of Termination

15. General Provisions

Governing Law and Disputes

These Terms of Service are governed by the laws of the State of Delaware, without regard to conflict of law principles. Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute informally for thirty (30) days after written notice of the dispute. Any unresolved disputes will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and both parties consent to the jurisdiction of such courts.

Consumers

If you use the Services as an individual consumer, nothing in the Agreement limits any rights you have under applicable consumer-protection law that cannot be waived by agreement.

Modifications

Product Sense may modify these Terms of Service at any time by posting updated terms on the website with at least thirty (30) days' notice. Material changes will be communicated via email. Continued use of the Service after modifications constitutes acceptance of the new terms.

Other Provisions

Customer may not assign the Agreement without our prior written consent; we may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. The Agreement is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous agreements. If any provision is held unenforceable, the remaining provisions remain in full effect. A party's failure to enforce a provision is not a waiver of it. Nothing in the Agreement creates any agency, partnership, or joint venture between the parties.

Questions or Concerns

For questions about these Terms of Service, users may contact Product Sense at: