Website Terms of Use

These Terms of Use (“Terms of Use”) govern your access to and use of this website of Personalysis Corporation (“Personalysis” or “we”) located at https://www.personalysis.com/, as well as any other related websites of Personalysis (collectively, this “Website”) and to materials provided by us on or through this Website.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. Please read these Terms of Use carefully. Personalysis reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to this Website, unless otherwise specified by Personalysis. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, Personalysis grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use this Website and its contents. Please note that our client services, as described in the next section below, are also subject to additional terms and conditions that you will be required to agree to in our Terms of Service before taking the initial personality test.

Personalysis Services and Products

This Website provides information and services relating to Personalysis’s services and products, including personality tests, results reports, assessments, training, and coaching. The price of our services is customized based on your interests and needs, and we will provide you with a quote after discussing your needs with you. Our prices do not include taxes or other fees that you may be charged.

Privacy of Personal Information

Personalysis collects and processes personal information in connection with operating this Website and its business. Please refer to Personalysis’s Privacy Policy, which informs users of our policies and practices related to collection, storage, processing, destruction, and other use of personal information. You understand that no data transmissions over the internet can be guaranteed to be 100% secure and that Personalysis cannot ensure or warrant the security of any information transmitted to or from us.

Your Personalysis Account

If you sign up to use our personality testing or other services, we may require you to set up an account with Personalysis. If you set up an account with Personalysis, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that Personalysis is not responsible for third party access to your account that results from theft or misappropriation of your account. Your Personalysis account is personal to you, and you may not assign or transfer it to any other person or entity.

Restrictions on Use of Website and Personalysis Materials

No person or entity is authorized to use or modify our Website, any of its contents, our personality test questions and content, test reports, or our other materials, including without limitation text, images, product and service descriptions, articles, videos, software, graphics, and logos (collectively, “Personalysis Materials”) without prior written consent from an authorized employee of Personalysis. You warrant to Personalysis that you will not use any Personalysis Materials for any purpose that is unlawful, competes with Personalysis, or is prohibited by these Terms of Use. You also specifically agree:

• You are prohibited from using artificial intelligence (AI) for generative AI training data or otherwise using AI to analyze or process any of the following: text, images and other content on our Website; Personalysis test questions and individuals’ answers to those questions; and any other Personalysis Materials.
• You will not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with anyone else’s use and enjoyment of this Website, including attacking this Website in a denial-of-service or distributed denial-of-service attack.
• You will not obtain or attempt to obtain any materials or information on or through this Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
• You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
• You will not impersonate or attempt to impersonate yourself as an employee, representative or agent of Personalysis unless you have signed a written agreement with us to that effect; or misrepresent your identity or affiliation with any other person or entity.
• Any data, information or materials that you send to or share with Personalysis, including by email, text, phone call, or posting on this Website, (“User Content”) will not contain any viruses or other malicious code, libelous or unlawful material, or any materials or instructions that may cause harm or injury to Personalysis or any person, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
• You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of this Website or other Personalysis Materials other than for their authorized purposes. You will use Personalysis Materials solely for your own internal business use, unless you’ve obtained the express written permission of Personalysis and the copyright owner (if the materials are owned by a third party).
• You will not delete or alter any proprietary rights or attribution notices in any content obtained through this Website or any other Personalysis Materials.
• You agree that you do not acquire any ownership rights in any Personalysis Materials or other content posted on this Website. We do not grant you any licenses, express or implied, to any Personalysis Materials except as expressly provided in these Terms of Use or in a binding contract between you and Personalysis.

Indemnification

You will indemnify and hold harmless Personalysis and our affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your improper use of this Website or Personalysis Materials, or your violation of these Terms of Use.

Suspension or Termination of Services or Website Access

Personalysis reserves the right, in our sole discretion, to suspend or terminate its services to you or your right to use any Personalysis Materials, and to terminate or delete any content (including your User Content), and/or to cease providing any products or services at any time, without notice and for any cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of this Website or our business, or technical problems. If we terminate services to you without cause and you have prepaid for any services from us that you have not yet received, we will refund the fees for those services. We will not otherwise be liable to you for any damages arising out of our termination or suspension of services.

Third-Party Linked Sites and Services

This Website may include links to third-party websites (“Linked Sites”), including social media, payment processing, and our business partners who offer related products and services. The Linked Sites are not operated or controlled by Personalysis, and Personalysis is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Personalysis is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Personalysis of the site or any association with the owners or operators of the Linked Site.

Your personal information may be shared with the third parties who provide services to Personalysis and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Trademarks

The Personalysis name and trademark and all other related names, logos, product and service names, designs, and slogans are trademarks of Personalysis or its affiliates or licensors. You must not use such marks without the prior written permission of an authorized employee of Personalysis. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Ownership

The contents of this Website and all other Personalysis Materials are the property of Personalysis and/or its business partners. All Personalysis Materials are protected by copyrights, trademark law, trade secret law, patents, and/or other laws, treaties and regulations that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Personalysis Materials.

Your personal information and User Content remain your property, subject to the usage rights contained in these Terms of Use, the Privacy Policy and our Terms of Service. Notwithstanding the foregoing, if you provide any suggestions, ideas or other feedback to Personalysis relating to our products or services, you agree that Personalysis shall own that feedback and have the unrestricted right to use such feedback and incorporate it into Personalysis’s products and services.

Disclaimer of Warranties

We may change, update or correct the content on this Website from time to time, but we do not guarantee or warrant that all Website content, including descriptions of products and services and their pricing, is complete, accurate, or up-to-date. We may experience delays in updating prices and other information on this Website and in our advertising on other websites. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any third-party product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

THIS WEBSITE, ITS CONTENTS, AND ALL PERSONALYSIS MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, EXCEPT AS MAY OTHERWISE BE EXPRESSLY AGREED BY AN AUTHORIZED OFFICIAL OF PERSONALYSIS IN A WRITTEN CONTRACT. PERSONALYSIS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. PERSONALYSIS DOES NOT WARRANT THAT THIS WEBSITE, PERSONALYSIS MATERIALS OR ITS PRODUCTS OR SERVICES ARE COMPLETE, ACCURATE, OR FREE OF ERRORS, VIRUSES OR OTHER MALWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PERSONALYSIS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN CONTRACT SIGNED BY AN AUTHORIZED OFFICER OF PERSONALYSIS, IN NO EVENT SHALL PERSONALYSIS OR ITS AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, OUR PRODUCTS OR SERVICES, OR YOUR USE THEREOF, INCLUDING ERRORS, OMISSIONS, INADEQUACY OF OR INABILITY TO USE THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PERSONALYSIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Additional remedies relating to our services and products may be contained in Personalysis’ Terms of Service.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages in certain situations, so some of these disclaimers or limitations may not apply to you.

Takedown Notices

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on this Website are infringing, please notify us as specified in the “Personalysis Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

International Users

This Website is controlled, operated and administered by Personalysis from our office(s) within the USA. We make no claims that this Website or any of its content is accessible, appropriate, or legal outside of the United States. If you access this Website from a location outside the USA, you are responsible for compliance with all local laws.

General Terms

Texas law will govern all disputes arising out of or relating to these Terms of Use or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts located in Harris County, Texas, USA, and you and Personalysis consent to the personal jurisdiction and venue in those courts. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

Personalysis’s provision of this Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Personalysis’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or your User Content. You and Personalysis each agree that you and we may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any class or representative action.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Personalysis with respect to this Website. Except for the Privacy Policy and any binding contract between you and Personalysis, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Personalysis with respect to this Website.

Personalysis’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Personalysis will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Personalysis.

Personalysis Contact Information

You may send us notices, questions or comments regarding these Terms of Use or our Website at the following:

Personalysis Corporation
3120 Southwest Freeway, Suite 555 Houston, TX  77098
Attention: Kécia McBride
Email: data@personalysis.com
Telephone: (713) 784-4421

Effective as of October 15, 2023