These Terms and Conditions ("Terms") govern your use of the 100facets platform ("we", "us", "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Introduction

These Terms govern your use of 100facets, whether you are using the platform directly, as part of a company service, or through an educational/consulting program. By using the platform, you agree to these Terms and our Privacy Policy. Please review them carefully.

2. Services

We provide AI-powered leadership 360 assessments for personal development. Our services include both paid and unpaid options, and the assessments are designed for educational and personal growth purposes. AI-generated outputs may contain inaccuracies, and users are advised to interpret the results critically, using their own judgment.

Important: The platform is intended for educational and personal development purposes only. You should not share any sensitive personal data (e.g., health-related information, financial data) or confidential business information (e.g., proprietary business strategies, trade secrets).

The platform is not intended for critical decision-making, such as hiring, firing, promotions, or performance reviews. Users are responsible for interpreting the data appropriately and must not rely on the platform for any decisions impacting others' employment or well-being.

3. User Accounts

Users must:

• Provide accurate and complete information during registration.
• Maintain the security of their account and notify us immediately of any unauthorized use.
• Use the services in good faith and for their intended purpose.
• Regularly update their contact information and secure their account with strong passwords.
• Not misuse the platform or attempt to manipulate the system, such as by revealing the identity of anonymous feedback providers.

We reserve the right to delete accounts that have been inactive for more than 12 months. For more details on how we handle personal data, please refer to our Privacy Policy.

4. Subscription and Billing

Subscription terms vary based on the service tier. By purchasing a subscription, you agree to the specific terms and payment conditions, including cancellation policies.

Services are delivered upon purchase and payment. Payments are non-refundable unless stated otherwise in the service agreement.

5. Acceptable Use Policy

Users must not:

• Exceed fair usage limits.
• Share accounts or credentials with others.
• Use the platform to provide unauthorized services to third parties.
• Reverse-engineer the platform or create derivative works.
• Attempt to reveal the identity of feedback providers.
• Provide misleading or exaggerated feedback.

Violations of this policy may result in immediate termination of service without notice and potential legal action.

6. Data Rights and Management

a. Direct Users (No Company Involved)

If you are using the platform directly, you are the Data Controller of your personal data.

You can access, modify, or delete your data directly via the platform. Upon account deletion, all personal data will be permanently removed, except for any anonymized data retained for research or benchmarking purposes.

b. Company Users (Using the Platform via Employer)

If you are using the platform through your employer, the Company is the Data Controller, and 100facets acts as the Data Processor.

You may access, modify, or delete your data via the platform, but final control of data rights lies with your employer. Requests for account deletion must be approved by the employer.

For more information, refer to our Privacy Policy.

c. Educational/Consulting Program Participants

If you are using the platform through an educational or consulting program, the Institution or Consultant is the Data Controller, and 100facets acts as the Data Processor.

You can manage your data, including modification and deletion requests, through the platform. Final decisions may require approval from the program provider.

For detailed information on how we handle personal data in these contexts, refer to our Privacy Policy.

7. Intellectual Property

All intellectual property on the platform, including assessments, reports, and analysis, remains the property of 100facets. Users are granted a limited, non-exclusive license to use the platform and its contents for internal, non-commercial purposes.

8. Limitation of Liability

To the fullest extent permitted by law:

100facets will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the platform.

Our maximum liability for any claims, losses, or damages will be limited to the total amount of subscription fees paid by the user or the user’s sponsor in the preceding 12 months.

This limitation applies even if the remedy provided here fails of its essential purpose.

9. Disclaimers

Our services are provided "as is," without warranties of any kind.

AI-generated recommendations and assessments should not be interpreted as human advice and should not be relied upon for making critical decisions such as employment-related decisions (e.g., hiring, firing, promotions).

Users are responsible for critically evaluating the information and making their own informed decisions.

10. Service Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access. Scheduled maintenance or service disruptions will be announced in advance when possible. However, 100facets is not liable for any losses resulting from system downtime.

11. User Content

Users are responsible for the content they generate or share on the platform. 100facets is not liable for user-generated content. Users who share inappropriate or harmful content will be held accountable and may face legal action.

12. Indemnification

Users agree to indemnify, defend, and hold harmless 100facets, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to their use of the platform, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

If a dispute arises, users agree to attempt to resolve it through good-faith negotiation. If a resolution cannot be reached, the dispute will be submitted to mediation. If mediation fails, arbitration will be conducted in Switzerland under the rules of the Swiss Arbitration Association, and the arbitrator’s decision will be final and binding.

14. Force Majeure

100facets is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, strikes, or infrastructure failures.

15. Governing Law and Jurisdiction

These Terms are governed by Swiss law. Any disputes will be resolved exclusively in the courts of Switzerland.

16. Data Sharing with Consent

User reports and personal data may be shared with individuals or organizations for educational or professional purposes if user consent is provided. For more details on data sharing, please refer to our Privacy Policy.

17. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email or platform notifications. You are encouraged to regularly review the Terms and the Privacy Policy for updates.

18. Contact Us

For questions or concerns about these Terms, please contact us at [email protected].