WorkPlace Experience Access Agreement
Last Updated: February 20, 2026
PLEASE REVIEW THESE WE PLATFORM TERMS OF SERVICE (THE “AGREEMENT”) CAREFULLY. WHEREVER USED IN THIS AGREEMENT, “YOU”, “YOUR”, “CLIENT”, AND SIMILAR TERMS MEAN THE PERSON OR LEGAL ENTITY ACCESSING OR USING THE WE PLATFORM. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE ACCESSING AND USING THE WE PLATFORM ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, “YOU”, “YOUR” OR “CLIENT” MEANS THE COMPANY OR OTHER LEGAL ENTITY THAT YOU ARE USING THE WE PLATFORMS ON BEHALF OF. BY ACCESSING OR USING THE WE PLATFORM OFFERED BY PARADIGM PERSONALITY LABS, LLC (“PARADIGM”, “WE”, “US”, OR “OUR”), (A) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND CLIENT AND (B) YOU CONFIRM YOU HAVE READ, UNDERSTAND AND ACCEPT AND AGREE ON BEHALF OF CLIENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THE AGREEMENT INCLUDING ALL DOCUMENTS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CEASE ALL ACCESS AND/OR USE OF WE PLATFORM.
1. DEFINITIONS
1.1 “Affiliate(s)” means any entity now existing that is directly or indirectly controlled by Paradigm. For purposes of this definition “control” means the direct possession of a majority of the outstanding voting securities of an entity.
1.2 “Assessment” means the WorkPlace Big Five Profile™ behavioral assessment questions administered to each participant.
1.3 “Confidential Information” means information provided by one party to the other party which is designated in writing as confidential or proprietary, as well as information which a reasonable person familiar with the disclosing party’s business and the industry in which it operates would know is of a confidential or proprietary nature.
1.4 “Client Data” means all data made available by or on behalf of Client to Paradigm for use in connection with the WE Platform.
1.5 “IP Rights” means and include any intellectual property rights of whatever nature, including without limitation patents, patentable inventions, design rights, copyrights, trademarks, service marks, domain names, know-how, whether registered, registrable or otherwise and including all applications (or rights to apply), renewals and extensions for such rights.
1.6 “Licensed Products” means the Assessment and materials, including test questions, computational formulas, report designs, descriptions, support materials, certification programs, training materials, exercises, games, worksheets, workbooks, books, software and all related materials owned or developed by or on behalf of Paradigm listed in Schedule A attached hereto.
1.7 “Profile Data” means all information and data resulting from the administration of the Assessment to end users. Profile Data include Score Data and Report Data.
1.8 “Report Data” means all reporting, data visualizations, interpretive narratives and other information and content produced by or on behalf of Paradigm to provide insight and information related to the Score Data, including but not limited to the Trait Report and the Consultant Report. Report Data is a sub-set of Profile Data.
1.9 “Score Data” means the objective scoring information produced by or on behalf of Paradigm resulting from the administration of the Assessment to end users. Score Data is a sub-set of Profile Data.
1.10 “Services” means any platforms, products, applications, or tools made available by Paradigm, including Licensed Products and WE Platform.
1.11 “WE Platform” means the online functionality made available by Paradigm for purposes of exchanging of feedback, reflection and other information between Assessment participants and Paradigm.
2. Grant of Access
2.1 Access to WE Platform. During the Term, Paradigm grants Client a non-exclusive, non-transferable, non-sublicensable right to use and access the WE Platform, subject to the terms of this Agreement.
2.2 Restrictions. Client will not, and will not permit or authorize any third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, create derivative works of the WE Platform, or merge the WE Platform into another program; (b) resell, rent, lease, or sublicense the WE Platform or access to it including use of the WE Platform for timesharing or service bureau purposes; (c) circumvent or disable any security or technological features or measures in the WE Platform; (d) access the WE Platform in order to build a competitive product or service, for competitive analysis, or to copy any ideas, features, functions or graphics of the WE Platform; (e) transmit through or post on the WE Platform any unlawful, immoral, libelous, tortious, infringing, defamatory, threatening, vulgar, or obscene material or material harmful to minors; (f) transmit material containing software viruses or other harmful or deleterious computer codes, files, scripts, agents, or programs; (g) interfere with or disrupt the integrity or performance of the WE Platform or the data contained therein; (h) harass or interfere with another subscriber or end-user’s use and enjoyment of the WE Platform; nor (i) remove, alter, or obscure any proprietary notice that appears on the WE Platform or related software.
2.3 Responsibility. Client will: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all use of the WE Platform by Client; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the WE Platform, and notify Paradigm promptly after becoming aware of any such unauthorized access or use; and (c) comply with all applicable local, state, federal, and foreign laws in using the WE Platform.
3. CONFIDENTIALITY
3.1 Confidential Information. Confidential Information. A party will not disclose the other party’s Confidential Information to any third party without the prior written consent of the other party, nor make use of any of the other party’s Confidential Information except in its performance under this Agreement. Each party accepts responsibility for the actions of its agents or employees and shall protect the other party’s Confidential Information in the same manner as it protects its own Confidential Information, but in no event with less than reasonable care. The parties expressly agree that the terms and pricing of this Agreement are Confidential Information. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
3.2 Exclusions. Information will not be deemed Confidential Information if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that, unless prohibited from doing so by law enforcement or court order, the receiving party gives the disclosing party reasonable prior written notice, and such disclosure is otherwise limited to the required disclosure.
4. WARRANTY DISCLAIMER PARADIGM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR WITH RESPECT TO THE SERVICES, INCLUDING THE WE PLATFORM, LICENSED PRODUCTS AND PROFILE DATA, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMNET, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE SERVICES, INCLUDING THE WE PLATFORM AND ALL INFORMATION ON OR FROM THE SERVICES, INCLUDING THE WE PLATFORM (INCLUDING ALL PROFILE DATA) ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PARADIGM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SERVICES OR ANY REPORTS OR RAW DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARADIGM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES, INCLUDING THE WE PLATFORM (AND ALL PROFILE DATA) WILL: (A) MEET CLIENT’S REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CLIENT AGREES THAT USE OF THE SERVICES (AND ANY PROFILE DATA) IS AT CLIENT’S OWN RISK
5. LIMITATION OF LIABILITY IN NO EVENT SHALL PARADIGM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF OPPORTUNITY, AND THE LIKE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARADIGM AND PARADIGM’S PARENT, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SERVICES (INCLUDING ALL REPORTS AND RAW DATA). THE TOTAL CUMULATIVE LIABILITY OF PARADIGM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
6. TERM
6.1 Term. This Agreement will continue in effect until completion of the Services for the applicable Client or otherwise terminated in accordance with the Agreement.
6.2 Suspension and Termination. Client agrees that Paradigm may suspend or terminate Client’s access to the WE Platform if Paradigm reasonably concludes that Client is using the WE Platform to engage in illegal activity, and/or causing immediate, material and ongoing harm to Paradigm or others, or in the event of a breach of this Agreement by Client.
7. OWNERSHIP; USE OF CONTENT; OBLIGATIONS
7.1 Client Data. The Paradigm Privacy Policy, which can be found at https://paradigmpersonality.com/privacy-policy/ is incorporated herein by reference. Additionally, to the extent Paradigm processes personal data in connection with your use of the WE Platform, the terms of our Data Processing Addendum which can be found at https://paradigmpersonality.com/privacy-policy/ are hereby incorporated by reference. Subject to the terms of Paradigm’s Privacy Policy and the Data Processing Addendum, Client grants Paradigm a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from and distribute the Client Data or incorporate Client Data into any form, medium or technology now known or later developed solely in connection with Paradigm’s provision of the Services. For avoidance of doubt, Paradigm will comply with the Paradigm Privacy Policy and Data Processing Addendum with respect to the collection and use of personal data. Client is solely liable for all Client Data and Client represents and warrants that (a) Client owns such content or has the right to use it and grant to Paradigm the rights and licenses as provided in this Agreement, and (b) the posting, uploading or submitting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
7.2 Feedback. From time-to-time Client may provide Paradigm with suggestions, comments, feedback, or the like with regard to the WE Platform or Paradigm other products and services (collectively, “Feedback”). Client hereby grants Paradigm a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Paradigm’s business purposes, including, without limitation, the testing, development, maintenance and improvement of the Services, including the WE Platform.
7.3 Paradigm IP. Client acknowledges and agrees that as between Paradigm and Client, Paradigm (and its licensors) owns all right, title and interest in the IP Rights in and associated with the Services, including without limitation, the WE Platform, the Assessment, the Profile Data, the Score Data, and all trade-marks, service marks, trade names or logos identifying Paradigm or its products, including without limitation the WorkPlace Big Five Profile mark and Paradigm Personality Labs mark, (the “Marks”) and all goodwill related thereto. Further, all content and information on the Services, including, but not limited to, all text, graphics, logos, icons, audio clips, down-loads, and software are the exclusive property of Paradigm or its licensors and are protected by United States and international copyright laws. Except for the limited rights granted herein, this Agreement does not transfer from Paradigm to Client any Paradigm or third-party IP Rights. All other trademarks not owned by Paradigm that may appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Paradigm. Product names used with the Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Mark included in or made available through the Services.
8. INDEMNIFICATION Client will indemnify, defend, and hold harmless Paradigm and its Affiliates and their respective employees, officers, directors and agents from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding: (i) Client’s (or any Authorized User’s) use of the WE Platform or Licensed Products in violation of this Agreement or applicable law; or (ii) a claim or threat that the Client Data (or the exercise by Personify of the rights granted herein with respect thereto) infringes, misappropriates or violates any third party’s IP Rights.
9. DATA PRIVACY To the extent that Paradigm processes personal data about any individual in the course of providing the WE Platform, Client agrees Paradigm’s Data Processing Addendum, located at [INSERST HYPERLINK TO DPA] applies.
10. GENERAL PROVISIONS
10.1 Applicable Law; Venue and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its rules regarding conflicts of laws. THE PARTIES AGREE THAT ANY AND ALL CAUSES OF ACTION BETWEEN THE PARTIES ARISING FROM OR IN RELATION TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED WITHIN MECKLENBURG COUNTY, NORTH CAROLINA.
10.2 Compliance with Law. Each party agrees to comply with all applicable federal, state, and local laws and regulations including the export laws and regulations of the United States and other applicable jurisdictions in providing and using the WE Platform. Without limiting the foregoing, (a) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports and (b) Client shall not access or use the WE Platform in violation of any U.S. export embargo, prohibition, or restriction.
10.3 No Third-Party Beneficiaries. The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties, their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.
10.4 Entire Agreement. This Agreement (together with all of the parties’ Order Forms, and all appendices to this Agreement) sets forth the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions, and understandings between the parties with respect to the subject matter hereof.
10.5 Links and Third Party Content. Client agrees that Paradigm shall not be responsible for applications, services, software, or other products supplied by a third party that Client chooses to use with or integrate with the WE Platform, even if such third-party service interoperates with a WE Platform.