Platform Terms of Service

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 PolicyPrivacy 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.

PRELIMINARY PROVISIONS

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. YOUR OAD ACCOUNT

1.1 Registering an Account

  1. To access and use the Platform, you must subscribe to OAD and register for an account (“Account“). To complete registration, you must provide your full legal name, business address, phone number, a valid email address (your “Primary Email Address“), and any other requested information. OAD may reject a subscription, or cancel an existing Account, for any reason, in our sole discretion.
  2. You confirm that you are using the Platform to carry on a business activity and not for personal, household, or family purposes.

1.2 Eligibility
To use the Platform and open an Account, you must:

  1. be at least 18 years old (or the applicable age of majority in your jurisdiction) and able to enter into contracts;
  2. if you are not an individual, warrant that you are validly formed and existing, have full power and authority to enter into these Terms, and have duly authorized your agent to bind you;
  3. complete the Account registration process;
  4. agree to these Terms and all other OAD Policies linked herein;
  5. provide true, complete, and up-to-date contact and billing information; and
  6. not be located in a country embargoed by the United States, or on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals.

OAD may refuse service to anyone for any reason, close any Account, or change eligibility requirements at any time.

1.3 Account Management

  1. The Client who registers the Account is the contracting party under these Terms.
  2. If you sign up on behalf of your employer or another entity, that entity is the Client; you must use your employer-issued email address and represent that you have authority to bind that entity.
  3. You may not share an Account, and each OAD Site may only be associated with one Client absent OAD’s prior written consent.
  4. Based on your subscription plan, you may permit employees or contractors (each, an “Admin User“) to access your Account, provided their use is for your benefit only and complies with these Terms. You are responsible and liable for all Admin Users’ access and use of your Account, whether or not authorized by you. OAD recommends, and may in its discretion require, multi-factor authentication (MFA) to access your Account.
  5. OAD may provide disclosures and notices by posting them in your Account dashboard or emailing your Primary Email Address; such notices are deemed received within 24 hours of posting or sending. Keep your Primary Email Address and billing details current.
  6. Technical support is provided only to OAD Clients, via support@oad.ai. OAD may assign you a Customer Success Manager (“CSM”); OAD is not responsible for implementing, and you must independently evaluate, any CSM recommendation.
  7. You are responsible for backing up your Content; OAD is not liable for any failure to store, or loss or corruption of, such information, to the extent permitted by applicable law.
  8. OAD may delete Content or data in a terminated Account after twelve (12) months, but will attempt to warn you during the termination process while your Account is still active.

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. FEES AND PAYMENTS

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. YOUR CONTENT

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. PRIVACY, SECURITY, AND CONFIDENTIALITY

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. OAD'S INTELLECTUAL PROPERTY

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. YOUR RESPONSIBILITIES AND OUR RIGHTS

6.1 General Rules
By agreeing to these Terms, you agree that:

  1. you will not send spam or use purchased, rented, or third-party email lists, and will comply with our Anti-Spam Policy;
  2. you will comply with our Acceptable Use Policy;
  3. the Platform is not directed at children under 18, and it is your sole responsibility to comply with applicable children’s privacy laws (including COPPA) if you collect personal information about a minor;
  4. neither you nor your Admin Users or Survey Subjects will reverse-engineer, resell, sublicense, or create derivative works of the Platform, or use it to develop competing data sets or models; and
  5. you will not misrepresent or imply a relationship with OAD beyond that described in these Terms.

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:

  • post and maintain a publicly accessible privacy notice that satisfies applicable Data Protection Laws, describes your use of the Platform, and links to OAD’s Privacy Notice;
  • obtain and maintain all necessary permissions and valid consents required to lawfully transfer data to OAD and to enable OAD to lawfully collect, process, and share it to provide the Platform;
  • comply with all laws applicable to assessment invitations sent through the Platform, including obtaining any required consents;
  • provide all notices and obtain all consents required to enable OAD to deploy cookies and similar technologies on devices of your Contacts and Survey Subjects; and
  • comply with the DPA to the extent OAD processes your Content protected by Data Protection Laws as a processor on your behalf.

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.

7. SUSPENSION AND TERMINATION OF YOUR ACCOUNT

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.

8. CHANGES AND UPDATES

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. DISCLAIMERS AND LIMITATIONS OF LIABILITY

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.

10. INDEMNIFICATION

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. RESOLVING DISPUTES; ARBITRATION AGREEMENT; GOVERNING LAW

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.

12. OTHER TERMS

  • Assignment. You may not assign these Terms without OAD’s prior written consent; OAD may assign these Terms without restriction.
  • Entire Agreement. These Terms, together with the OAD Policies referenced herein, constitute the entire agreement between you and OAD regarding the Platform.
  • Independent Contractors. The relationship between you and OAD is that of independent contractors.
  • No Waiver. A party’s delay or failure to enforce a provision is not a waiver of the right to do so later.
  • Severability. If a provision is held unenforceable, it will be severed and the remainder will remain in effect.
  • No Third-Party Beneficiaries. Except as otherwise stated, there are no third-party beneficiaries to these Terms.
  • Survival. Sections 2 (Fees), 3.2–3.3 (Your Content), 4 (Privacy, Security, and Confidentiality), 5 (Intellectual Property), 7 (Suspension and Termination), 9 (Disclaimers and Limitations of Liability), 10 (Indemnification), 11 (Dispute Resolution), and 12 (Other Terms) survive termination.
  • Language. These Terms are prepared in English, which controls over any translated version except where prohibited by law.

13. contact us

Details

Legal Notices

General Support

Mailing Address

N24 W30953 Fairway Court, Pewaukee, WI 53072, USA

EXHIBIT A — RELATED DOCUMENTS

The following documents are incorporated by reference into these Terms and, together, form OAD’s complete legal agreement with Clients:

  1. Privacy Notice — https://oad.ai/policy
  2. Data Processing Addendum — https://oad.ai/dpa
  3. Acceptable Use Policy — https://oad.ai/acceptable-use-policy/
  4. Anti-Spam Policy — https://oad.ai/anti-spam-policy/
  5. Cookie Notice — https://oad.ai/cookie-notice/
  6. Sub-Processor List — https://oad.ai/sub-processors/