Terms of Service

These Terms of Service (these "Terms") are effective immediately for users registering, accessing, or using the Service on or after November 15, 2024, and will become effective on November 15, 2024, for users with pre-existing Accounts.

The Foundation for Talent Transformation accepts donations, memberships, and sponsorships and uses the funds to progress its mission. It is a not-for-profit 501(c)(3) tax-exempt organization under U.S. IRS rules. Gifts may be tax-deductible as a charitable contribution under U.S. federal income tax laws. Please consult your tax advisor to determine the deductibility of your contribution. Federal Tax ID No. 87-2112015.

These Terms govern your access to and use of our products and services, including those offered through our websites and mobile applications (collectively, the "Service"). By accessing or using the Service, you represent that you are over 16 years old and:

If you are under 18 years old, you are either an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms.

You agree to these Terms, which form a binding contract between you and the Foundation of Talent Transformation, Inc, a Florida nonprofit corporation headquartered in Miami Beach, Florida (“TT”).

Other policies are referenced herein and may apply or otherwise be relevant to your use of the Service.

DO NOT ACCESS OR USE THE SERVICE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS AND THE OTHER TERMS AND POLICIES THAT ARE RELEVANT TO YOUR USE OF THE SERVICE.

1. DEFINITIONS

A. Parties. “You” and “your” refer to you individually and, if applicable, any entity on whose behalf you are acting as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to TT and its subsidiaries.

B. Sites. “Site” means TT’s website at www.talenttransformation.com and related domains.

C. Mobile applications. “Mobile Apps” refer to applications that run on mobile devices that TT supports and are available via online stores.

D. Accounts. “Account” means the account you create to access or use the Service.

3. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with TT, and any inconsistencies among the different versions will be resolved in favor of the English version available here.

4. USING THE SERVICE

A. Eligibility. To access or use the Service for your individual personal use, you must agree to enter into these Terms personally. You may not access or use the Service if you are a competitor of TT or if we have previously banned you from the Service or closed your Account.

B. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

C. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D. Accounts. You must create an Account and provide certain information about yourself to use some of the features offered through the Service. If you are under 18 years old, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. You are responsible for maintaining the confidentiality of your Account password. You agree to notify us immediately of unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason, subject to compliance with applicable law.

E. Communications from TT. By accessing or using the Service, you consent to receive communications from TT through the Service or any other means, such as emails, push notifications, text messages (including SMS and MMS), and phone calls. You further understand that your phone carrier may charge you for certain communications, such as SMS messages or phone calls. Please note that any communications, with TT may be monitored and recorded for quality purposes. You can opt out of and into communications using the service's features.

F. Fair Use Policy. The Service is designed for typical usage patterns. Excessive usage is defined as use that significantly exceeds the average usage patterns of our users and may cause degradation of service performance. TT reserves the right to set limits on users and membership plans at its sole discretion. You may not use the Service in a manner that interferes with, disrupts, or negatively affects the Service or other users. In the event of excessive use or abuse of the Service, TT may limit, suspend, or terminate your account. TT reserves the right to monitor your use of the Service to ensure compliance with these Terms. In cases of excessive use, TT may take action to mitigate the impact by limiting access to maintain fairness for all users.

5. TERMINATION OF YOUR ACCOUNT

5.1. You may close your Account as provided in the Service.

5.2. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Service Content, or any other related information.

5.3. To the extent that these Terms concern matters that are or might remain relevant following the closing of your Account, these Terms will remain in effect with regard to your use of the Service through your Account.

6. SUBSCRIPTIONS

This section provides terms related to paid subscriptions to the Service from third-party, like an app store (“Online Store”), and membership subscriptions available from TT’s website.

6.1. Recurring Subscriptions. If you purchase a recurring subscription (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. Based on where you purchased, You authorize the Online Store or TT to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled. If the Online Store or we cannot charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

6.2. Cancellation. You must cancel your Recurring Subscription at least 24 hours before your current subscription period ends to avoid being charged for the next subscription period. If you purchased your Recurring Subscription from an Online Store, you must cancel the renewal directly with that Online Store. If you purchased your Recurring Subscription via TT, you must cancel using https://www.talenttransformation.com/account/subscription. Contact us by email at support@talenttransformation.com if you need assistance canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Service until the end of your current subscription period.

6.3. Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you disagree with those changes, you can cancel your subscription as described herein.

6.4. Online Store Offers. Online Stores offer a 14-day free trial with all subscription packages. During this trial period, you can explore the full features of the Mobile App without any charge. The trial period will automatically convert into a paid subscription unless canceled at least 24 hours before the trial ends. Any unused portion of the 14-day free trial period will be forfeited when you purchase a subscription, and once a subscription is purchased, the trial period cannot be reactivated. The Mobile App is available for an annual and monthly subscription package. Upon confirmation of purchase, your payment method will be charged to your Online Store account.

6.5. Other Offers. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer will be described in the offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new users who have not previously subscribed. If the Offer Terms state that an offer is available only to past subscribers, you must have previously been a subscriber and allowed your subscription to expire before the date stated in the Offer Terms. We reserve the right, at our discretion, to determine your Promotional Offer eligibility and to modify or cancel a Promotional Offer at any time. You must provide a valid payment method accepted by us to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Based on where you purchased, when your promotional period ends, you authorize the Online Store or us to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with these Terms at least 24 hours prior to the end of the promotional period.

6.6. Lifetime Subscriptions. A Lifetime Subscription grants you access to the Service for a specific subscription type's lifetime, which may not necessarily align with your lifetime. Please note that the Services may change over time, and the features available at purchase may not always remain part of that subscription. Additionally, new features or services introduced in the future may fall outside the scope of your lifetime subscription. Your lifetime subscription is non-transferable, meaning it is personal to you and cannot be transferred, licensed, or sold to another individual.

7. CONTENT

7.1. You may use Talent Transformation’s questionnaires and forms to provide input to the Service (“Input”) and receive output from the Service, such as assessment reports or chatbot responses based on the Input (“Output”). Talent Transformation processes and stores Input and Output in accordance with our Privacy Policy.

7.2. You are solely responsible for using the Outputs and evaluating them for accuracy and appropriateness for your specific circumstances, including sharing them with others to help You benefit from them.

7.3. We own and use Inputs and Outputs to provide you with the Service, comply with applicable laws, enforce our Policies, and develop and improve the Service.

7.4. We own the visual interfaces, personalized guidance, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service (“Service Content”). We own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Service Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Service Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Service Content are retained by us.

7.5. If you choose to submit content, including but not limited to comments, testimonials, videos, and forum posts, you affirm that you are 18 years of age or older. By submitting such content, you grant TT a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, reproduce, and distribute the content in any form or medium. You agree not to submit content that is offensive, unlawful, or infringes upon third-party rights. TT reserves the right to remove any content that violates these Terms or is otherwise deemed inappropriate.

8. CONNECTING WITH VENDORS

The Service offers features that allow you to connect with vendors and third-party service providers. Please note that these vendors and third-party service providers, not TT, are solely responsible for providing their products and services.

9. REPRESENTATION, CONSENT AND COVENANTS

In providing you with the Service, TT relies, among other things, on the following express representations and covenants by you:

A. You represent that you have read, understand, and agree with these Terms, the other policies referenced herein, if applicable to your use of the Service, and our Privacy Policy;

B. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and

C. You will not, and will not assist, encourage, or enable others to use the Service to:

i. Violate our Terms;

ii. Post any untrue or fake reviews;

iii. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iv. Violate any applicable law;

v. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content, except as expressly authorized by TT;

vi. Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;

vii. Reverse engineer any portion of the Service;

viii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

ix. Record, process, or mine information from the Service;

x. Reformat or frame any portion of the Service, except as expressly authorized by TT;

xi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on TT’s technology infrastructure or otherwise make excessive traffic demands of the Service;

xii. Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

xiii. Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;

xiv. Use any device, software or routine that interferes with the proper working of the Service or otherwise attempts to interfere with the proper working of the Service;

xv. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or

xvi. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

10. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third-party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, concerning the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against TT and its users any claims and assertions of any moral rights contained in such Feedback.

2. CHANGES TO THE TERMS

We may modify these Terms from time to time. The most current version of these Terms can be found here. You understand and agree that your access to or use of the Service is governed by these Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, posting notice on the Service, or other method before the effective date of the changes. We will also indicate at the top of this page the date that these Terms were last updated with such changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. YOU UNDERSTAND AND AGREE THAT YOUR CONTINUED ACCESS TO OR USE OF THE SERVICE AFTER THE EFFECTIVE DATE OF CHANGES TO THESE TERMS REPRESENTS YOUR ACCEPTANCE OF SUCH CHANGES.

11. THIRD-PARTY CONTENT AND SERVICES

The Service may host Third-Party Content or include links to other websites or applications (each a “Third-Party Service”). We do not control or endorse any Third-Party Content or Third-Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk.

Some services made available through the Service and Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing and disclosures, and other terms, conditions, and policies. You are responsible for familiarizing yourself with any such applicable third-party terms.

12. INDEMNITY

You agree to indemnify and hold harmless TT, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, managers, directors, employees, agents, contractors and representatives of each of them (collectively, the “TT Entities”) from and against any and all liabilities, including all damages, fines, penalties, costs and expenses (including but not limited to attorneys’ fees and court costs) incurred by the TT Entities as a result of a claim, action, proceeding, or investigation by a third party, including governmental entities and agents (collectively, “Third-Party Claims”), arising out of or relating to: (i) your access to or use of the Service, (ii) your violation of these Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. TT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of TT. TT will use reasonable efforts to notify you of any Third-Party Claim upon becoming aware of it.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TT ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS THAT YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A. THE SERVICE AND THE SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TT MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, TT IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SERVICE, INCLUDING, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE CONTENT OR OMISSION OF CONTENT), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

B. TT MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE. ACCORDINGLY, TT IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF A BUSINESS MISUSES YOUR IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

C. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO AND USE OF THE SERVICE.

D. TT MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE TT ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

14. GENERAL TERMS

A. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

C. Any failure on TT’s part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by TT.

D. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

E. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with TT’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

F. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and TT as a result of these Terms or your use of the Service.

G. The section titles in these Terms are for convenience only and have no legal or contractual effect.

15. CHOICE OF LAW AND VENUE

A. The federal laws of the United States, if applicable, and the state laws of the State of Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and TT (a “Claim”), without regard to conflict of laws provisions. EXCEPT AS PROVIDED BELOW, FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MIAMI-DADE COUNTY, FLORIDA, USA provided, however, that we may bring and litigate Claim in another court in which we are litigating a Third-Party Claim for which you are or we allege that you are providing indemnification.

B. You agree that any subpoena, third-party discovery request, or other third-party process directed to TT must issue from, or be domesticated by, the state or federal courts located within Miami-Dade County, Florida and you agree to submit to the personal jurisdiction of each of these courts for any related proceedings.

C. Attorneys’ fees and costs may be awarded against any party that pursues any Claim in a manner contrary to the forgoing if that party does not promptly withdraw the Claim the foregoing obligations are brought to its attention.