Terms of Service
Effective Date: September 01, 2025
Company: Maximize Your Design, Inc ("Company", "we", "us", "our")
These Terms govern access to and use of our DISC assessment platform, reports, admin dashboards, APIs, and related services (the "Services"). By creating an account, inviting participants, or otherwise using the Services, you agree to these Terms.
1) Accounts, Tenants & Roles
- Each church/organization ("Tenant") designates Admins and Staff (and any custom roles you enable). Tenants are responsible for (i) keeping credentials secure, (ii) configuring access, (iii) ensuring lawful processing of participant data.
- The Maximize Your Design Team (Owner/Administrator/Tech Support) may access tenants solely to operate, support, and secure the Services, per our Privacy Policy and DPA.
2) Authorized Use
You agree not to:
violate laws; upload unlawful or harmful content; attempt to access others' data; probe or disrupt systems; circumvent rate limits or security; use the Services to send unsolicited or unlawful communications. We may suspend or terminate for suspected abuse or violations.
3) Assessments, Reports & Recommendations
Reports and placement suggestions are informational and not medical, psychological, employment, or legal advice. Tenants are responsible for how results are interpreted or used.
4) Subscriptions, Trials & Fees (if applicable)
- Plans, trial periods, usage limits, and fees are specified at checkout or in your order form.
- Trials convert to paid unless canceled before the trial end.
- Fees are non-refundable except as required by law or expressly stated.
- We may change prices/limits upon renewal or with advance notice for month-to-month plans.
5) Usage Limits & Fair Use
We may set or enforce limits on assessments, tokens/AI usage, emails, storage, or API calls. Exceeding limits may incur fees, throttling, or service adjustments.
6) Data & IP
- Your Data: You retain ownership of your content and participant data. You grant us a limited license to host, process, transmit, and display Your Data only to provide and improve the Services.
- Company IP: We retain all rights in the platform, templates, models, and materials. No rights are granted except as stated in these Terms.
- Feedback: Voluntary feedback may be used to improve the Services without obligation.
7) Privacy & Data Processing
Our Privacy Policy and DPA (incorporated by reference) describe how we process personal data and our respective roles (Tenant Controller / Company Processor). Tenants must obtain all required consents and provide appropriate notices to participants.
8) Third-Party Services
We rely on third-party providers (e.g., hosting, email). We are not responsible for third-party terms or failures, but we select reputable providers and maintain appropriate contracts. Current sub-processors are listed at /subprocessors.
9) Availability & Support
We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance and emergency work may occur. Support channels and SLAs (if any) are defined in your plan or order form.
10) Disclaimers
THE SERVICES ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR LOST PROFITS/REVENUE/GOODWILL. EXCEPT FOR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $1,000 IF NO FEES WERE PAID).
12) Indemnification
You will defend and indemnify us from third-party claims arising out of (a) your unlawful use of the Services, (b) Your Data (including assessments you upload or instructions you provide), or (c) your breach of these Terms.
13) Suspension & Termination
We may suspend or terminate access for violations, security risks, non-payment, or legal requests. You may terminate at any time; prepaid fees are non-refundable unless required by law or stated otherwise. Upon termination, we may delete or anonymize data after a reasonable period, subject to legal holds.
14) Governing Law; Disputes
These Terms are governed by the laws of United States of America, excluding conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Casper, Wyoming, and the parties consent to personal jurisdiction and venue there.
15) Changes to the Services or Terms
We may update the Services and these Terms. If changes are material, we will notify Tenant Admins. Continued use after the Effective Date constitutes acceptance.
16) Notices
We will send legal notices to the Tenant Admin email on file. You must keep your contact details current. You may send notices to [email protected].
17) Miscellaneous
- Entire Agreement; no waiver by practice; severability; force majeure.
- Assignment with consent, except in a merger or asset sale.
- Order forms and DPAs prevail over conflicts with these Terms to the extent expressly stated.
Contact
Maximize Your Design, Inc • [email protected]