Effective: July 1, 2026
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11, YOU AND OAD AGREE THAT ALL DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION.
Please read these Platform Terms of Service (“Terms“) carefully. By accessing or using the Platform (defined below) or signing up for an account, you agree that you have reviewed and understood, and, as a condition of your access to or use of the Platform, you agree to be bound by these Terms, which are a legal agreement between you and OAD, LLC, operating as OAD, and our affiliated entities (collectively, “OAD,” “we,” “us,” or “our“).
OAD offers an online platform that allows you to send behavioral and personality assessments, to survey and manage your end users, employees, and survey subjects (“Survey Subjects“), and to generate assessment reports based on the results of those assessments (“Assessment Reports“), among other things. The platform is offered through our website, OAD.ai, and any other website or mobile application owned, operated, or controlled by us (the “OAD Site,” and together with the insights, analytics, and other features we make available through our products and services, collectively the “Platform“). Any new features or tools added to the Platform will be deemed part of the Platform and subject to these Terms.
OAD has employees, affiliates, officers, directors, independent contractors, vendors, agents, and representatives (our “Team“). If you are a client of OAD, or a representative of an entity that is a client of OAD, we refer to you as an OAD “Client” (or “you“). A “Contact” is any person you, as a Client, may contact through the Platform, or anyone on your distribution list about whom you have given us information, or anyone who has otherwise interacted with you via the Platform.
“Content” means your account and user information, your Survey Subjects’ personal data, contact information, assessment data, assessment results, trademarks, copyright content, any products or services made available through the Platform, and any software, data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with your account.
These Terms, along with our Acceptable Use Policy, Privacy Notice, and Data Processing Addendum (including the Standard Contractual Clauses), and all other policies found in our Legal and Policy Center (collectively, the “OAD Policies“), define the terms and conditions under which you are permitted to use the Platform. If you do not agree to the OAD Policies, you must immediately discontinue using the Platform.
If you have questions about these Terms, please contact us at legal@oad.ai.
Thank you for using OAD’s Platform. If you are using the Platform on behalf of an entity or other organization, you agree to these Terms on behalf of that entity, and represent that you have authority to do so; “Client,” “you,” and “your” then refer to that entity.
OAD is not a clinical or medical institution or psychotherapy service provider. Our Clients, users, entrepreneurs, Survey Subjects, experts, and partners are not our employees, contractors, or representatives. We are not responsible for any interactions between you and your Survey Subjects or other Contacts, other than providing the Platform and the Assessment Reports, and we are not liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your Survey Subjects or other Contacts, including their reliance on information or Content we provide.
1.1 Registering an Account
1.2 Eligibility
To use the Platform and open an Account, you must:
OAD may refuse service to anyone for any reason, close any Account, or change eligibility requirements at any time.
1.3 Account Management
1.4 Ownership Disputes
In a dispute regarding Account ownership, OAD may request documentation to confirm ownership (for example, a business license, organizational documents, government-issued ID, or the last four digits of the card on file). OAD will determine, in its sole judgment, rightful ownership, and may deactivate an Account until a dispute is resolved.
2.1 Fees
You agree to pay OAD all applicable fees per the pricing and payment terms presented to you. Use of the Platform is on an Annual subscription basis, billed annually depending on your selected plan (“Subscription Fees“). We use third-party payment processors, and you are responsible for their applicable transaction fees (“Transaction Fees“). You may incur additional fees for add-on services such as but not limit to Coaching Reports or 360 Reviews (“Additional Fees”). Subscription Fees, Transaction Fees, and Additional Fees are collectively “Fees.“
You must keep a valid, authorized payment method on file (“Authorized Payment Method“) and are responsible for keeping it up to date. All Fees are in U.S. dollars unless otherwise indicated, and OAD does not credit or refund foreign-exchange or currency-conversion fees.
2.2 Subscriptions
Your Annual Subscription automatically renews year-to-year unless you cancel 30 days before the end of the Subscription period in writing. You may cancel at any time; your access continues through the end of the current Subscription period.
2.3 Promotional Offers and Trial Periods
OAD may offer promotional pricing or a discounted trial period (“Trial Period“) at its discretion, subject to eligibility requirements disclosed at sign-up. Upon expiration of a Trial Period, your Authorized Payment Method will be charged the full applicable plan price unless you cancel before the Trial Period ends. We will notify you by email before the Trial Period ends.
2.4 Upgrades, Downgrades, and Taxes
Upgrading or downgrading your plan may result in immediate or prorated billing adjustments as described at the time of the change. Fees are exclusive of Taxes (sales, VAT, GST, and similar assessments) unless stated otherwise; you are responsible for all applicable Taxes, subject to any valid exemption certificate you provide.
2.5 Price Changes
OAD may change Fees at any time, with at least 30 days’ advance notice by email to your Primary Email Address and/or posting on the OAD Site. Continued use after a price change takes effect constitutes acceptance; you may reject a change by canceling before it takes effect.
2.6 Refund Policy and Delinquencies
All payments are non-refundable, and there are no refunds or credits for partially used Subscriptions, except as required by law. If OAD cannot process a payment, we may suspend or, ultimately, terminate your Account and access to the Platform until all outstanding Fees are paid.
3.1 Responsibility for Your Content
You may not use the Platform for any illegal or unauthorized purpose (including as set out in our Acceptable Use Policy), and you will comply with all applicable laws in your use of the Platform, including obtaining any required consents from your Survey Subjects and Contacts. OAD is not responsible for your interactions with Survey Subjects, Contacts, or other users of your Account, and is not obligated to monitor or pre-screen Content.
3.2 License to Your Content
You grant OAD a worldwide, royalty-free license to host, use, display, distribute, make publicly available, store, create derivative works from, and otherwise exploit your Content in order to operate, provide, and improve the Platform, promote OAD, and perform our obligations under these Terms and the Privacy Notice. This license continues after you stop using the Platform solely for aggregated and de-identified data derived from your Content, and for residual backup copies made in the ordinary course of business.
Carve-out for Personal Data. Notwithstanding the foregoing, to the extent your Content includes Personal Data of Survey Subjects or Contacts that is protected under Applicable Data Protection Laws (as defined in our Data Processing Addendum), OAD’s Processing of that Personal Data is governed by, and limited to what is permitted under, Section 4 below and the Data Processing Addendum, which control over this Section 3.2 to the extent of any conflict.
3.3 OAD’s Right to Use Your Name
You grant OAD a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the names, trademarks, and logos associated with your Account to operate, provide, market, and promote the Platform. Any goodwill from such use inures to your benefit. This license survives termination solely to the extent needed for OAD to exercise rights or perform obligations arising under these Terms.
4.1 Your Responsibility to Comply with Data Protection Laws
You are solely responsible for complying with all applicable data protection, security, and privacy laws and regulations, including notice and consent requirements for collecting and processing personal data and sending marketing or other communications. Where required by law, you must maintain a legally compliant privacy policy and cookie policy available to your Survey Subjects, and must capture valid consent for cookies or similar technologies used on your Account.
4.2 Privacy and the Data Processing Addendum
Our Privacy Notice describes how we collect, use, and disclose personal information, and our Data Processing Addendum (the “DPA“) governs OAD’s processing of Personal Data (as defined in the DPA) that we process as a processor on your behalf. The DPA is incorporated into, and forms an integral part of, these Terms. Where there is a conflict between the DPA and these Terms, the DPA prevails, except for the Disclaimer and Limitation of Liability provisions, where these Terms prevail.
4.3 Confidentiality
OAD will treat your Content as confidential and use and disclose it only as permitted by these Terms and the Privacy Notice, except Content that: (a) becomes public through no breach by OAD; (b) was already known to OAD; (c) is received from a third party without breach of any duty to you; or (d) is independently developed by OAD. OAD may disclose Content when required by law, using commercially reasonable efforts to notify you first, where legally permitted.
4.4 Security
OAD stores and processes Content consistent with industry security standards, and has implemented technical, organizational, and administrative measures designed to protect its security, integrity, and confidentiality, as further described in the DPA. If OAD becomes aware of unauthorized access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data related to your Account (a “Security Incident“), we will take reasonable steps to notify you without undue delay, consistent with the DPA.
5.1 OAD’s Trademarks
You may not use OAD’s trademarks, logos, or brand elements (including “OAD” and the OAD logo) without OAD’s prior written permission, and may not purchase or register keywords, domain names, or social media handles using OAD’s trademarks or confusing variations thereof.
5.2 OAD’s Platform
OAD and its licensors own all right, title, and interest in the Platform and related intellectual property. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform solely as permitted by these Terms.
5.3 Feedback
If you submit ideas, suggestions, or other feedback (“Feedback“) to OAD, you waive any rights in the Feedback and agree that OAD may use it without restriction, compensation, or credit.
6.1 General Rules
By agreeing to these Terms, you agree that:
6.2 Compliance with Laws
You are responsible for determining whether the Platform is suitable for your use given your obligations under applicable laws, including Applicable Data Protection Laws (as defined in the DPA), accessibility laws, tax laws, HIPAA, anti-corruption and anti-bribery laws, and export control laws. You represent and warrant that you will:
You may not use the Platform to collect, store, or process protected health information subject to HIPAA, or any other applicable health-privacy regulation. Any information OAD provides in help articles, webinars, or similar materials is for informational purposes only and does not constitute legal, tax, medical, or mental-health advice; consult your own qualified professionals to ensure compliance with applicable laws, including laws governing the use of behavioral assessment data in employment decisions (see Section 6.5).
6.3 Global Trade Compliance
You agree to comply with all economic sanctions and export control laws, and represent that neither you nor any of your principals, officers, or affiliated parties are on a restricted-party list, doing business in a U.S.-embargoed country, or a “military end user” as defined in 15 C.F.R. § 744.
6.4 Public Forums
OAD’s community forums, social channels, and similar features are for public, not private, communications, and you have no expectation of privacy for content posted there. You grant OAD a license to use such content to promote OAD, and you remain solely responsible for content you post.
6.5 Responsible Use of Assessment Results in Employment Decisions
The Platform’s behavioral assessments and Assessment Reports are designed as one input among several to support — not replace — sound human judgment in hiring, coaching, and team-development decisions. You are solely responsible for using Assessment Reports in a manner that complies with applicable employment, anti-discrimination, and equal-opportunity laws (including, in the United States, Title VII and EEOC guidance, and equivalent laws in other jurisdictions), and for ensuring that any use of assessment data in a decision with legal or similarly significant effect on an individual involves meaningful human review rather than a fully automated determination. OAD does not warrant that use of the Platform will, by itself, satisfy your obligations under any such law.
6.6 Right to Review Content
OAD may view, copy, and internally distribute Content and survey results to build tools that detect policy violations, improve the Platform, and generate aggregated, anonymized statistical information, which OAD owns and may use and share for research, marketing, and other lawful purposes, consistent with the Privacy Notice.
These Terms commence on the date you complete Account registration and continue until terminated. You may terminate your Annual Subscription at any time in writing by email to support@oad.ai ; access continues until the end of the then-current Subscription period. OAD may suspend or terminate your Account at any time, without notice (unless required by law), including for suspected fraud, breach of these Terms, or twelve (12) months of Account inactivity.
Upon termination, for any reason: (a) we will cease providing access to the Platform; (b) except as otherwise provided, you are not entitled to a refund; (c) any outstanding balance becomes immediately due; (d) your Survey Subjects and Admin Users will lose access to pending invitations, Content, and Assessment Reports; and (e) OAD may permanently delete your Account and associated data.
OAD may change these Terms at any time; material changes will be communicated by email to your Primary Email Address and/or posted to the OAD Site. Continued use after such notice constitutes acceptance. OAD may also add, alter, or remove Platform functionality at any time, and downgrading your plan may result in loss of Content, features, or capacity.
9.1 No Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS PROVIDED THROUGH IT ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OAD DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY WARRANTY AS TO RESULTS OR OUTCOMES OBTAINED THROUGH ITS USE, INCLUDING HIRING, RETENTION, OR BUSINESS OUTCOMES.
9.2 Exclusion of Certain Liability
TO THE EXTENT PERMITTED BY LAW, YOU ASSUME FULL LIABILITY FOR LOSSES RESULTING FROM YOUR USE OF THE PLATFORM, AND OAD AND ITS TEAM WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS.
9.3 Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN ANY CALENDAR MONTH, THE AGGREGATE LIABILITY OF OAD AND ITS TEAM ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO OAD FOR THE PLATFORM IN THE PRECEDING MONTH, OR (B) THREE HUNDRED U.S. DOLLARS ($300).
9.4 Consumers
Nothing in these Terms limits any non-waivable statutory consumer rights you may have under the laws of your jurisdiction.
You will indemnify and hold harmless OAD and its Team from all liabilities, damages, and costs (including reasonable attorneys’ fees) arising from a third-party claim regarding: (a) your, your Survey Subjects’, or your Contacts’ use of the Platform; (b) your breach of these Terms; (c) your, your Survey Subjects’, or your Contacts’ violation of applicable law, including any use of Assessment Reports in violation of employment or anti-discrimination law; (d) any misrepresentation by you; (e) a dispute between you and a Survey Subject, Contact, or other user; or (f) a claim that your Content infringes a third party’s intellectual property rights. OAD will give you prompt notice of a claim, permit you to control its defense and settlement, and reasonably cooperate with you; you may not settle any claim requiring OAD’s commitment without our written consent.
11.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@oad.ai. If unresolved within sixty (60) days, either party may bring a formal proceeding.
11.2 Judicial Forum
Subject to the arbitration provisions below, any judicial proceeding will be brought in the federal or state courts of Waukesha, Wisconsin, and both parties consent to venue and jurisdiction there. If you reside in a jurisdiction (such as an EU Member State) whose laws grant you the right to bring disputes in your local courts, this paragraph does not override that right.
11.3 Mandatory Arbitration Provisions (U.S. Residents)
If you are a U.S. resident, you and OAD agree to resolve any claims relating to these Terms or the Platform through final and binding arbitration by a single arbitrator, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, held in the U.S. county where you live or work, in Waukesha, Wisconsin, or another mutually agreed location.
Exceptions: either party may bring qualifying claims in small claims court, or a lawsuit solely for injunctive relief to stop unauthorized use, abuse, or intellectual property infringement, without first arbitrating. No class actions: disputes may only be resolved individually; class, consolidated, or representative actions and class arbitrations are not permitted. If this no-class-action provision is held unenforceable, the entire Mandatory Arbitration Provisions section is void.
11.4 Governing Law
These Terms are governed by Wisconsin law, excluding its conflict-of-laws principles, except where the mandatory laws of a consumer’s home jurisdiction (including EU Member States) require otherwise.
Details
Legal Notices
General Support
Mailing Address
N24 W30953 Fairway Court, Pewaukee, WI 53072, USA
The following documents are incorporated by reference into these Terms and, together, form OAD’s complete legal agreement with Clients: