These Terms & Conditions govern the purchase and use of assessments and related services from FifthTheory®, LLC (“FifthTheory”). By completing a purchase through our Shopify platform or using any assessment tools, you (“Client” or “Purchaser”) agree to the following:
1. Use of FifthTheory Fusion and Assessments
Authorized Use: Purchasers are granted limited access to FifthTheory Fusion™ for recruitment, selection, and leadership development. This access does not include rights to the underlying software or source code.
Assessment Access: Assessments and scoring reports will be delivered via FifthTheory Fusion™ following successful purchase.
Custom Data Prompts: Purchasers may request integration of custom data prompts for specific assessment objectives.
Platform Support and Change Notice: FifthTheory Fusion is hosted and supported by reputable providers of online assessment and testing platforms. FifthTheory reserves the right to migrate to new platform providers or systems as needed to ensure quality, security, or compliance. In such cases, FifthTheory will provide purchasers with at least ninety (90) days’ written notice prior to any platform change that impacts access or experience.
2. Compliance with Laws and Regulations
Legal Responsibility: Purchasers are solely responsible for ensuring that their use of FifthTheory Fusion and assessments complies with all applicable national and international laws, including but not limited to:
- Title VII of the U.S. Civil Rights Act
- The Americans with Disabilities Act
- GDPR, CCPA, or other relevant privacy laws
Privacy Compliance: Purchasers must take appropriate measures to protect personal data and maintain compliance with data protection regulations. FifthTheory acts solely as a data processor and processes data only under purchaser instruction.
3. Intellectual Property and Confidentiality
All assessments, scoring content, and software are the proprietary intellectual property of FifthTheory.
Purchasers may not copy, modify, share, or reverse-engineer any part of the assessments or platform.
Content is intended only for authorized users (e.g., job applicants or employees). Redistribution is strictly prohibited.
4. Data Security and Processing
FifthTheory processes assessment data on behalf of the purchaser.
Purchasers are responsible for safeguarding personal data collected through the platform and reports.
Purchasers indemnify FifthTheory from liability arising from breaches, misuse, or unauthorized disclosure of data.
5. Training and Learning Resources
FifthTheory may provide digital administration manuals, brief tutorials, or optional fee-based training services upon request.
6. Fees and Payment Terms
Upfront Payment Required: All assessments must be paid for in full through the FifthTheory Shopify storefront before use.
Currency and Taxes: All prices are in U.S. dollars. Applicable sales tax will be added during checkout.
No Refunds: All purchases are final. Refunds are not available once assessment access has been granted.
Assessment Credit Expiration: Assessments purchased in bulk are converted to usage credits. All credits expire 12 months (1 year) from the purchase date, unless otherwise agreed in writing.
7. Term and Termination
These Terms apply from the date of purchase and remain in effect unless terminated for cause.
FifthTheory reserves the right to revoke access for misuse, noncompliance, or violations of these Terms.
Termination does not relieve the purchaser from obligations related to prior purchases or data responsibility.
8. Warranties and Limitations of Liability
FifthTheory assessments follow accepted professional and psychometric standards.
No express or implied warranties are made, including merchantability or fitness for a specific purpose.
FifthTheory is not liable for:
- Client-supplied or altered content
- Lost data, profits, or business opportunities
-
Indirect or incidental damages
Total liability is limited to the amount paid for assessments during the prior 12-month period.
9. Indemnification
Purchasers agree to indemnify and hold FifthTheory harmless from any claims or damages arising from:
- Violation of data protection laws
- Improper or unauthorized use of assessments or reports
- Custom prompts or content supplied by the purchaser
10. Proprietary Information and Content Disclaimer
All assessment tools, methods, and reports remain the exclusive property of FifthTheory.
Purchaser-supplied content (e.g., prompts or custom questions) is the sole responsibility of the purchaser. FifthTheory disclaims all liability associated with such content.
11. Assignment and Third-Party Use
Purchasers may not transfer, assign, sublicense, or share access to assessments without written authorization.
Contractors, resellers, or consultants may only use assessments if explicitly approved in writing by FifthTheory and bound to equivalent terms.
12. Force Majeure
Neither party shall be held liable for performance delays due to events beyond their reasonable control, including but not limited to natural disasters, internet outages, or governmental restrictions.
13. Governing Law
These Terms are governed by the laws of the State of Illinois, U.S.A., without regard to conflict of law principles.
14. Entire Agreement
These Terms represent the complete agreement between the purchaser and FifthTheory and supersede any prior communications or understandings.
Any amendments must be in writing and signed by both parties.
15. Contact and Notices
All official correspondence and questions may be directed to:
FifthTheory, LLC
1220 N. Hoyne Ave., Suite B
Chicago, IL 60622
Email: support@fifththeory.com
