Terms & Conditions

1) Acceptance of Terms

By accessing The Circle of Growth websites, apps, surveys, assessments, dashboards, learning experiences, or related services (“Services”), you agree to these Terms & Conditions (“Terms”). If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2) Services & Scope

The Circle of Growth (“CoG”, “we”, “us”, “our”) provides leadership assessments, data-driven insights (including Power BI dashboards), learning content, workshops, advisory, and certification programs. We may enhance, modify, or discontinue features at any time. Certain Services may be governed by supplemental order forms, statements of work, or master service agreements; those documents control in the event of conflict.

3) Accounts, Access & Acceptable Use

• Accuracy: You will provide accurate registration information and keep it updated.
• Access Control: Do not share credentials or circumvent technical controls.
• Acceptable Use: Do not misuse the Services (e.g., upload malicious code; attempt unauthorized access; scrape; infringe IP; or violate law).
• Employer Programs: If you access Services via your organization, your access may be subject to your employer’s policies and our contract with them.

4) Fees, Billing, Cancellations & Refunds

• Fees: Prices are as quoted in applicable order forms or on our site and are exclusive of taxes unless stated otherwise.
• Billing: You authorize us and our processors to charge your chosen payment method for all agreed fees.
• Cancellations: Unless otherwise stated in a written agreement, scheduled sessions require 24-hour notice to reschedule. No-shows may be charged in full.
• Refunds: Fees are generally non-refundable unless mandated by law or specified in the applicable order.
• Late Payment: We may suspend Services for non-payment and assess reasonable late fees where permitted.

5) Intellectual Property & License

All content, instruments, methodologies, question banks, frameworks, branding (including The Circle of Growth marks), software, graphics, and documentation are owned by CoG or its licensors and protected by intellectual property laws.

• Your License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal, lawful purposes.
• Restrictions: You may not copy, modify, reverse engineer, resell, sublicense, or create derivative works from the Services or content, except as explicitly permitted in writing.
• User Content: You retain ownership of content you submit and grant us a worldwide, royalty-free license to host, process, and display it solely to provide and improve the Services.

6) Confidentiality

Each party may receive non-public information from the other. Both parties will protect such information using reasonable safeguards and will not disclose it except to personnel or vendors who need to know to deliver the Services and are bound by comparable confidentiality obligations. This section does not restrict disclosures required by law, subpoena, or court order.

7) Data, Assessments & Analytics

• Assessments: We collect responses to generate insights. Reports may present aggregated or de-identified results, especially in employer-sponsored programs.
• Privacy: Personal data is handled per our Privacy Policy, which is incorporated by reference.
• Benchmarks: We may use de-identified data to improve instruments and build benchmarks.
• Retention: Data is retained per our Privacy Policy or applicable contract.

8) Third-Party Services

We may integrate with or rely on third-party platforms (e.g., Microsoft Power BI, email and payment processors, hosting). Your use of such tools may be subject to their terms and privacy policies. We are not responsible for third-party acts or omissions.

9) Disclaimers & No Professional Advice

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COG AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE FEES PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.

11) Indemnification

You agree to defend, indemnify, and hold harmless CoG and its personnel from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Services, violation of these Terms, or infringement of third-party rights.

12) Term, Suspension & Termination

• These Terms apply while you access or use the Services.
• We may suspend or terminate access immediately for material breach, legal risk, security concerns, or non-payment.
• Upon termination, your right to use the Services ceases. Certain sections (e.g., IP, confidentiality, data, limitations, indemnity) survive termination.

13) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Exclusive venue and jurisdiction shall lie in state or federal courts located in Bexar County, Texas. The parties waive jury trial to the extent permitted by law.

14) Changes to Terms

We may update these Terms from time to time. The “Last Updated” date reflects the latest revision. Material changes will be posted on our site and, where appropriate, communicated by additional notice. Continued use of the Services after changes constitutes acceptance.

Not legal advice: These Terms are provided for your operational use. For specific compliance needs, consult your attorney.