Customer
Terms of Service
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Introduction
These Envision Your Evolution Terms of Service (the “Terms”) define the conditions for your use of our services and form a legally binding agreement between you (“you,” “your,” or “Customer”) and Envision Your Evolution. Each of us may be referred to individually as a “Party” and collectively as the “Parties.”
An “Affiliate” refers to any entity that directly or indirectly controls, is controlled by, or is under common control with a Party. “Control” means (a) direct or indirect ownership of more than 50% of the voting interests, or (b) the authority to direct the management and policies of such entity.
By accessing or using our services—including assessments, tools, and platforms designed to support personal growth, psychological insight, and transformative development—you agree to be bound by these Terms. If you do not agree, you may not create an account, purchase, or use our Services.
If you are using the Services on behalf of an organization or institution, you represent and warrant that you are authorized to accept these Terms for that entity. In that case, “you” and “your” will also refer to that entity. If there is a separate paid contract in place between your organization and Envision Your Evolution, that contract will prevail over these Terms for the Services it covers.
These Terms incorporate, as an integrated agreement, our Data Processing Agreement, Service Level Agreement (“SLA”), Security and Confidentiality Measures, Cookie Policy, and any ordering documents (“Order Form”). Together, these are referred to as the “Agreement.”
1. Grant of Access and Use
1.1 License. Subject to your compliance with the Agreement (including payment of all applicable fees), Envision Your Evolution grants you a limited, personal, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Services solely for your internal professional, educational, or institutional purposes.
1.2 Users and Participants. Access to the platform may include assessments, transformative frameworks, or tools intended for use by individuals (“Participants”) you invite or authorize under your subscription plan. The number of Participants covered depends on your plan and associated Order Form.
1.3 Affiliates. With our prior written approval, your Affiliates may use the Services under your account without executing a separate Order Form. You remain fully responsible for the actions of your Affiliates and their compliance with these Terms. References to “you” in this Agreement include your Affiliates where applicable.
2. The Services
2.1 Definition of Services.
The “Services” include the Envision Your Evolution online platform and its tools, such as psychological assessments, individuation frameworks, group analysis modules, and any other transformative technologies made available under your subscription plan (as described in the applicable Order Form or through our website).
Our Services are designed for professional, educational, and institutional use—supporting personal growth, group development, and organizational insight. They are not intended for purely private or casual use.
2.2 Use by Third Parties.
Use of the Services by consulting firms, agencies, or other entities for third-party benefit (such as outsourcing assessments) may be subject to specific subscription tiers, including credit-based plans. Unauthorized use outside the agreed plan may result in account suspension, termination, or conversion to an appropriate plan.
2.3 Affiliates and Partners.
We may deliver the Services, in whole or in part, through our Affiliates or authorized partners. Envision Your Evolution remains responsible for the performance and integrity of the Services provided under this Agreement.
3. Your Account
3.1 Creating an Account.
To access our Services, you must establish an account by selecting the subscription plan that aligns with your organizational needs. The account must be created by someone legally authorized to represent your organization. By creating an account, you confirm your acceptance of these Terms on behalf of your organization.
3.2 Accuracy of Information.
You agree to provide complete, accurate, and up-to-date information when registering and using our Services. Failure to do so constitutes a material breach of these Terms and may result in suspension or termination of your account.
3.3 Account Security.
You are responsible for safeguarding your password and account credentials. You must not share your credentials with third parties. All actions taken through your account are deemed your responsibility.
3.4 Plan Administration.
The designated account owner must use a valid business email address and remain responsible for assigning and managing users under your subscription plan. This includes ensuring communication channels are active for service-related notifications.
3.5 Credits and Usage.
Certain plans allocate “Credits” (units of use for specific features such as assessments, second-eye reviews, or specialized analysis). You are responsible for how Credits are consumed by your authorized users. Credits are single-use, non-refundable, and expire at the end of the subscription period unless otherwise specified in your Order Form.
3.6 Unauthorized Use.
You must notify us immediately if you suspect any unauthorized use of your account. You are solely responsible for preventing such misuse. Envision Your Evolution is not liable for damages resulting from unauthorized account access where you have failed to maintain security.
4. User Rights and Responsibilities
4.1 Lawful Use.
You agree to use the Services only in compliance with these Terms, applicable laws, and in alignment with the purpose of Envision Your Evolution—to support individual growth, organizational development, and transformative insight.
4.2 Responsibility for Use.
You are solely responsible for all use of the Services under your account, including how assessments, group sessions, or transformative tools are applied within your organization, systems, and communication channels (collectively, “Customer Applications”).
4.3 Prohibited Actions.
You must not:
(a) duplicate or redistribute any part of the Services except for your internal permitted use;
(b) reverse engineer, decompile, disassemble, or attempt to extract source code from the Services;
(c) use the Services in violation of export laws or applicable regulations;
(d) develop competing products derived from the Services;
(e) bypass or interfere with security protections;
(f) remove proprietary markings or intellectual property notices;
(g) upload or transmit unlawful, harmful, or malicious code (including viruses, malware, or anything that could compromise the platform);
(h) use the Services in ways that are discriminatory, exploitative, or contrary to the spirit of personal and collective transformation; or
(i) assist others in performing any of the above.
4.4 No Unauthorized Distribution.
You may not resell, sublicense, lease, or otherwise make the Services available to third parties (other than Participants) unless expressly permitted in writing.
4.5 Age Requirement.
The Services may only be used by individuals aged sixteen (16) years or older.
4.6 Consequences of Violation.
If you or your Participants violate these Terms, we reserve the right—without prior notice—to suspend or terminate access, disable accounts, or take any measures necessary to protect the platform and its users. You are responsible for any damages caused by such violations. Envision Your Evolution may also report unlawful activity to the relevant authorities.
5. Account Suspension
5.1 Grounds for Suspension.
We may suspend or limit your account immediately if:
(a) you or your Participants use the Services unlawfully or fraudulently;
(b) you materially breach any part of the Agreement;
(c) your use threatens the stability, security, or integrity of the Services;
(d) laws or regulations prohibit us from providing Services to you;
(e) you provide incomplete, inaccurate, or misleading account information; or
(f) you fail to meet payment obligations under the Agreement.
5.2 Effect of Suspension.
During suspension, you remain responsible for all applicable fees, and Envision Your Evolution bears no liability for damages, losses, or other consequences resulting from restricted access.
6. Maintenance, Downtime, and Modifications
6.1 Service Availability.
The Services may occasionally be unavailable due to:
(a) scheduled or unscheduled maintenance, updates, or upgrades;
(b) failures of hardware or third-party providers;
(c) measures required to mitigate or prevent security threats or attacks; or
(d) legal or regulatory requirements.
We will make reasonable efforts to communicate scheduled downtime in advance.
6.2 No Liability for Downtime.
Unless specifically guaranteed in a Service Level Agreement (SLA), Envision Your Evolution is not liable for losses, damages, or consequences resulting from unavailability of Services or failure to provide notice of downtime.
6.3 Modifications.
We may update, enhance, or modify the features of the Services to ensure continued growth, innovation, and compliance. We will use reasonable efforts to ensure that such changes do not materially diminish the overall functionality of the platform. Continued use of the Services after changes are posted or communicated constitutes your acceptance of those changes. If you do not agree, you must discontinue use of the Services.
7. Free Plan and Beta Products
7.1 Access to Trials.
We may invite you to access new features, experimental modules, or limited Services free of charge (“Beta Products” or “Free Plan Products”).
7.2 Evaluation Only.
Beta Products and Free Plan Products are made available for evaluation and exploration only. They may contain errors, limited functionality, or incomplete features.
7.3 Free Trial Periods.
If you use Free Plan Products, access will continue until the earlier of:
(a) the end of the specified trial period, or
(b) the start date of a paid subscription plan.
7.4 Disclaimer.
Beta Products and Free Plan Products are provided “AS IS” without warranties of any kind—express, implied, statutory, or otherwise. Envision Your Evolution specifically disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
7.5 Right to Discontinue.
We may modify, suspend, or terminate Beta Products or Free Plan Products at any time, without obligation to provide them to you or our broader customer base.
8. Fees and Payment Terms
8.1 General.
Unless otherwise agreed in writing, you shall pay Envision Your Evolution the fees associated with your selected subscription plan as listed on our Website or in your Order Form (the “Fees”). Subscription plans are determined based on institutional size (e.g., number of professionals using the Services, including psychotherapists, counselors, or agents) and/or the number of clients assessed.
8.2 Billing Cycles.
Subscriptions are billed in advance on a monthly, trimestrial, or yearly basis, depending on the billing cycle you select at the start of your plan. Unless otherwise agreed, each subscription has a standard duration of twelve (12) months.
8.3 Non-Refundable.
All payment obligations are non-cancelable. Fees paid are non-refundable, except as explicitly provided in this Agreement.
8.4 Payment Methods.
You may pay Fees by credit card, PayPal, or approved invoice. By providing payment information, you represent and warrant that you are authorized to use the selected payment method. If paying by invoice, you agree to remit Fees within twenty (20) days of the invoice date, unless otherwise specified in the Order Form.
8.5 Credit System.
Some Services operate on a Credit-Based Model:
Credits function as units that grant access to specific features, such as additional assessments, specialized reports, or the “Second-Eye” feature (a professional review of a client file by an additional specialist).
Credits are single-use, non-transferable, and expire at the end of the subscription term (Initial or Renewal Term).
Consumed Credits will not be reinstated, regardless of assessment outcome.
8.6 Plan Types.
We offer two main subscription models:
(a) Credit-Based Plans: You pre-purchase or are allocated a specific number of Credits for the subscription term.
(b) Institutional (FTE-Based) Plans: Pricing is based on the size of your institution and provides continuous access to defined features, subject to accurate reporting of staff and client numbers.
If we reasonably determine that your reported institution size or usage has been understated, we may upgrade your plan, transfer you to a Credit-Based Plan, or suspend Services until accurate information is provided.
8.7 Taxes.
All Fees are exclusive of taxes, duties, or transaction costs. You are responsible for paying all applicable taxes, except those based on Envision Your Evolution’s net income.
8.8 Late Payments.
If you fail to make timely payment:
(a) we may charge interest on overdue amounts at 1.5% per month or the maximum rate permitted by law, whichever is higher;
(b) you will reimburse us for costs of collection, including attorneys’ fees; and
(c) if payment is more than thirty (30) days overdue, we may suspend Services until full payment is received.
8.9 Disputed Invoices.
You must notify us in writing of any dispute within ten (10) days of the invoice date. Undisputed amounts remain due as scheduled.
8.10 Fee Adjustments.
We may adjust Fees for Renewal Terms with at least thirty (30) days’ prior notice. If you do not agree to the updated pricing, you may terminate the Agreement before the Renewal Term begins. Continued use of Services after fee changes take effect constitutes acceptance.
8.11 Automatic Upgrades.
If your Credit-Based Plan is configured for automatic top-ups, additional Credits will be charged to your payment method or invoiced when your balance runs out. These Credits expire at the end of your current term.
8.12 Additional Users.
Subscription plans include a defined number of premium users (administrators, specialists, or institutional managers). Additional premium users beyond the included allocation may incur extra fees.
8.13 Access-Only Plan.
Following non-renewal, we may offer a limited “Access-Only” plan, allowing you to view historical data for a fixed annual fee. This plan does not include Credits or new assessments.
8.14 No Downgrades Mid-Term.
Downgrades to lower-tier plans or fewer Credits are not permitted mid-term. Adjustments are only available at renewal.
9. Intellectual Property and Data
9.1 Ownership of the Platform.
You acknowledge that Envision Your Evolution and its licensors own and retain all intellectual property rights in and to:
(a) the platform, Services, assessments, individuation frameworks, algorithms, and supporting software;
(b) all related documentation, test content, and generated outputs (except where expressly defined as Customer Data or Participant Data);
(c) any updates, enhancements, or improvements; and
(d) aggregated, anonymized data or insights derived from use of the Services (“E.Y.E. Data”).
9.2 No Transfer of Rights.
This Agreement does not transfer ownership of the platform, Services, test content, or methodologies to you. You receive only the limited license described in Section 1.
9.3 Restrictions.
You may not copy, modify, reverse-engineer, disassemble, or attempt to derive source code from the Services. You may not remove or alter proprietary notices, trademarks, or copyright markings.
9.4 Participant Data.
Data originating from individuals engaging with the platform—including assessment responses, test results, personal information, session recordings, and related communications (“Participant Data”)—remains the exclusive property of the Participant. Participants maintain full rights over their personal and psychological data.
9.5 Customer Data.
Data you or your institution upload, store, or generate through the Services (including organizational records, custom assessments, client progress notes, or results analyses) remains your exclusive property (“Customer Data”). You retain all ownership rights to Customer Data, subject to the limited rights granted to E.Y.E. under this Agreement.
9.6 E.Y.E. Data.
We may collect and process anonymized or aggregated data derived from use of the Services for the purpose of improving our tools, advancing research, and strengthening the platform. Such E.Y.E. Data does not include identifiable Participant Data or Customer Data.
9.7 Use of Data by E.Y.E.
By using the Services, you grant us and our authorized subprocessors a limited right to collect, process, and use Customer Data solely as necessary to provide and improve the Services, in line with the Agreement and the Data Processing Agreement (DPA). Participant Data is processed only as permitted under data protection laws and with Participant consent.
9.8 Feedback.
Any feedback, ideas, or suggestions you provide to Envision Your Evolution may be used by us without restriction, provided that such use does not disclose your Confidential Information.
10. Representations, Warranties, and Disclaimer
10.1 Compliance with Law.
Each Party shall at all times comply with all applicable laws, regulations, and ethical standards in the performance of this Agreement.
10.2 Authority.
Each Party represents and warrants that it has the legal authority to enter into this Agreement and fulfill its obligations.
10.3 Customer Responsibilities.
You represent and warrant that:
(a) you have obtained all necessary consents and permissions to provide Customer Data to Envision Your Evolution for processing in accordance with this Agreement;
(b) you will use the Services solely for lawful, professional, and ethical purposes aligned with personal growth, development, and transformation;
(c) you will not use the Services to discriminate, exploit, or otherwise misuse psychological assessments in ways that contradict the purpose of individuation and empowerment; and
(d) you are solely responsible for compliance with data protection obligations toward your Participants.
10.4 E.Y.E. Warranties.
Envision Your Evolution warrants that the Services will substantially conform to the specifications described on our Website and Order Forms, and that the Services will not knowingly introduce malicious code such as viruses, malware, or backdoors. We further warrant that we will maintain all necessary licenses, consents, and permissions to operate the platform and provide the Services.
10.5 Participant Consent.
Where applicable, Envision Your Evolution will ensure that Participants are informed and have consented to the collection and use of their personal and assessment data, including the right to withdraw consent at any time in accordance with applicable data protection laws.
10.6 Disclaimer.
Except as expressly provided in this Section, the Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Envision Your Evolution disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, non-infringement, accuracy, or fitness for a particular purpose. No advice or information, whether oral or written, obtained through the Services creates any warranty not expressly stated in the Agreement.
11. Indemnification
11.1 Indemnification by Envision Your Evolution.
We will defend, indemnify, and hold you harmless against damages, fines, penalties, settlement amounts (pre-approved by us), costs, and reasonable legal fees arising from any third-party claim alleging that your authorized use of the Services infringes a registered copyright, trademark, patent, or other intellectual property right (“Infringement Claim”).
In the event of such a claim, Envision Your Evolution may, at its discretion:
(a) modify the Services to remove the alleged infringement;
(b) replace the Services with functionally equivalent alternatives; or
(c) terminate the infringing Services and refund Fees paid for the affected portion of the subscription.
11.2 Indemnification by Customer.
You agree to defend, indemnify, and hold harmless Envision Your Evolution, our Affiliates, officers, directors, and personnel from damages, penalties, costs, and reasonable legal fees resulting from third-party claims arising out of:
(a) your breach of the Agreement;
(b) your misuse of the Services, including assessments or tools used in violation of law or ethical standards;
(c) your failure to obtain lawful consent for providing Customer Data to us;
(d) infringement or misappropriation of third-party rights caused by your use of the Services; or
(e) breach of confidentiality obligations.
11.3 Indemnification Procedures.
The indemnified Party must:
(a) provide prompt written notice of the claim to the indemnifying Party;
(b) allow the indemnifying Party to control the defense and settlement of the claim (provided that no settlement may admit fault or impose obligations on the indemnified Party without prior written consent); and
(c) provide reasonable cooperation in the defense of the claim at the indemnifying Party’s expense.
11.4 Sole Remedy.
This Section states the sole obligations of the indemnifying Party and the exclusive remedies available to the indemnified Party with respect to third-party claims.
12. Limitation of Liability
12.1 Liability Cap.
To the maximum extent permitted by law, each Party’s total cumulative liability to the other for any direct loss, damages, costs, or expenses—whether in contract, tort (including negligence), strict liability, or otherwise—shall not exceed the total Fees paid or payable by Customer to Envision Your Evolution in the twelve (12) months immediately preceding the event giving rise to the claim.
12.2 Exclusion of Indirect Damages.
Neither Party shall be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to lost profits, lost data, loss of goodwill, or business interruption—even if such damages were foreseeable or the Party was advised of their possibility.
12.3 Exclusions from Limitation.
The limitations set out in Sections 12.1 and 12.2 do not apply to:
(a) your breach of Section 4 (User Rights and Responsibilities);
(b) your failure to pay Fees under Section 8 (Fees and Payment Terms);
(c) either Party’s indemnification obligations under Section 11; or
(d) damages arising from a Party’s gross negligence, fraud, or willful misconduct.
12.4 Platform Limitations.
Envision Your Evolution shall not be liable for damages arising from:
(a) misrepresentations made by Participants in assessments;
(b) your use of Beta Products or Free Plan Products; or
(c) loss or corruption of Customer Data caused by factors outside our reasonable control.
13. Confidentiality
13.1 Definition.
In the course of this Agreement, either Party may access or be exposed to information that is not generally available to the public, including but not limited to: assessment results, methodologies, business processes, product plans, pricing, technical data, trade secrets, and personal or organizational information (“Confidential Information”). Customer Data and Participant Data shall also be considered Confidential Information, subject to the ownership provisions in Section 9.
13.2 Obligations of Confidentiality.
Each Party agrees to protect the other Party’s Confidential Information with at least the same degree of care it uses for its own confidential materials, but never less than a reasonable standard of care. Confidential Information may be disclosed only to employees, agents, or authorized subcontractors on a strict “need-to-know” basis, provided they are bound by confidentiality obligations no less restrictive than those in this Agreement.
13.3 Exclusions.
Confidential Information does not include information that:
(a) was lawfully known to the receiving Party prior to disclosure without breach of any duty of confidentiality;
(b) becomes public knowledge through no fault of the receiving Party; or
(c) is independently developed by the receiving Party without reference to the disclosing Party’s Confidential Information.
13.4 Compelled Disclosure.
If a court, governmental body, or regulatory authority requires disclosure of Confidential Information, the receiving Party may comply but must, where legally permissible, provide advance notice to the disclosing Party so they may seek protective measures.
13.5 Integrity of the Relationship.
Both Parties acknowledge that confidentiality is the foundation of trust within transformational and psychological work. Each Party agrees not to misuse Confidential Information in ways that could compromise the safety, growth, or integrity of individuals or institutions engaging with the Services.
14. Term and Termination
14.1 Commencement.
This Agreement begins on the date you accept these Terms or on the date specified in your Order Form and continues until all subscriptions or Services under your account have expired or been terminated in accordance with this Section.
14.2 Initial Term.
The initial subscription term (“Initial Term”) begins when Services are activated and runs for the duration specified in your Order Form or chosen billing cycle (monthly, trimestrial, or yearly).
14.3 Renewal.
Unless otherwise specified, subscriptions automatically renew for successive periods equal to the Initial Term (each a “Renewal Term”) unless you or Envision Your Evolution cancel renewal before the end of the current Term. Continued use of Services after renewal constitutes acceptance of the Renewal Term.
14.4 Renewal Fees.
Fees for Renewal Terms will be determined by the then-current pricing on our Website or Order Form, unless different renewal pricing has been agreed in writing.
14.5 Termination for Breach.
Either Party may terminate this Agreement or any Order Form with ten (10) days’ written notice if the other Party materially breaches its obligations and fails to cure the breach within that period. In the case of a material breach by Customer, Envision Your Evolution may also suspend Services, close accounts, or block the creation of new accounts.
14.6 Termination for Insolvency.
Either Party may terminate immediately if the other becomes insolvent, unable to pay debts as they fall due, or enters bankruptcy, liquidation, or similar proceedings.
14.7 Effect of Termination.
Upon termination or expiration:
(a) we will invoice you for any accrued but unpaid Fees, which remain due immediately;
(b) you must cease all use of the Services and return or securely delete all documentation, assessment outputs, E.Y.E. Data, and Confidential Information;
(c) your access to the platform (including historical data) will be suspended; and
(d) we will delete Customer Data within sixty (60) days, unless longer retention is required by law or for the resolution of a legal claim.
14.8 Survival.
The following sections survive expiration or termination: Section 8 (Fees and Payment Terms), Section 9 (Intellectual Property and Data), Section 10.6 (Disclaimer), Section 11 (Indemnification), Section 12 (Limitation of Liability), Section 13 (Confidentiality), and Section 16 (Miscellaneous), together with the Data Processing Agreement.
15. Amendments
15.1 Right to Amend.
Envision Your Evolution may update or amend these Terms from time to time. We will make reasonable efforts to notify you of material changes, either through the Website, email, or your account dashboard.
15.2 Effective Date.
Unless required otherwise by law, amended Terms take effect immediately upon posting. Continued use of the Services after notice of changes constitutes your acceptance.
15.3 Legal Requirements.
If applicable law requires additional notice before changes take effect, you will receive such notice. If you are entitled under applicable law to terminate this Agreement as a result of those changes, you may do so without early termination fees. However, Fees already paid are non-refundable, and any unpaid Fees remain due.
16. Miscellaneous
16.1 Compliance with Law.
Both Parties warrant compliance with all applicable anti-corruption, anti-money laundering, trade, sanctions, and export laws. Each Party will promptly notify the other if it becomes aware of a potential violation.
16.2 No Class Actions.
To the fullest extent permitted by law, disputes must be brought on an individual basis. Neither Party may bring or join claims as part of a class action or similar representative proceeding.
16.3 U.S. Government Use.
If accessed by any agency or entity of the U.S. government, the Services are provided only under these Terms. Any additional rights beyond those explicitly granted are excluded.
16.4 Independent Contractors.
The Parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, or fiduciary relationship. Neither Party may bind the other.
16.5 Force Majeure.
Neither Party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, strikes, pandemics, governmental actions, or acts of war (“Force Majeure”). If a Force Majeure event lasts more than ninety (90) days, either Party may terminate this Agreement with immediate effect.
16.6 Assignment.
You may not assign or transfer this Agreement without prior written consent, except in the event of a merger, acquisition, or sale of substantially all assets. We may assign our rights or subcontract obligations freely, provided such actions do not reduce the level of service.
16.7 Entire Agreement.
This Agreement (including incorporated documents such as the Data Processing Agreement, SLA, and Order Form) constitutes the entire agreement between the Parties and supersedes all prior agreements, oral or written.
16.8 Severability.
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
16.9 Notices.
Notices must be in writing and sent to the email addresses or contact details provided by each Party, unless otherwise updated in writing.
16.10 Headings.
Section headings are for convenience only and do not affect interpretation.
16.11 Publicity.
You grant Envision Your Evolution the right to reference your name, logo, and general use of the Services in marketing or promotional materials, unless you provide written notice withdrawing this consent.
16.12 Electronic Execution.
This Agreement may be executed electronically and such signatures will be treated as equivalent to handwritten signatures.
16.13 Fair Use Policy.
We reserve the right to enforce a “Fair Use Policy” for features of the Services where usage materially deviates from expected norms. If, in our reasonable opinion, your usage exceeds fair limits, we may request reduction of usage, charge additional fees, reduce Credits, or suspend features.
Examples include:
AI-Based Assessments or Reviews: Expected average use thresholds apply; excessive consumption may require bespoke terms.
Identity Verification: Intended for one session per Participant, with reasonable allowances for re-attempts.
