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, coaching, 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.
· 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:
o Title VII of the U.S. Civil Rights Act
o The Americans with Disabilities Act
o 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 assessment instruments, scoring algorithms, reports, and related software are the exclusive property of FifthTheory, LLC and its contributing authors, protected under applicable copyright and intellectual-property law.
· Purchasers may not copy, modify, share, or reverse-engineer any part of the assessments or platform.
· Content is intended only for authorized users. 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, LLC may, at its discretion, provide digital administration manuals, brief tutorials, or optional fee-based training services to authorized clients. These materials are intended solely to support the proper administration and ethical interpretation of FifthTheory assessments.
· All manuals, guides, and training materials are supplemental in nature and do not replace professional judgment, licensure requirements, or organizational validation responsibilities. Their purpose is to facilitate accurate score interpretation for self-coaching, leadership development, and organizational use consistent with job-relevant purposes.
· None of FifthTheory’s assessments or related coaching materials are medical, diagnostic, or therapeutic instruments. They are designed exclusively for employment, educational, and career-development applications in compliance with professional testing standards.
· Clients are solely responsible for ensuring appropriate use of assessments within their organizations. FifthTheory strongly encourages the engagement of licensed consulting psychologists, industrial–organizational professionals, or qualified human resource specialists to ensure full legal and professional compliance.
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:
o Client-supplied or altered content
o Lost data, profits, or business opportunities
o 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
