Terms of Service

To the extent permitted by applicable law, disputes arising out of or relating to your use of the Services must be resolved through informal resolution first, then binding arbitration. Small claims procedures and injunctive relief remain available where required by law.

If you do not agree to this section, do not use the Services.

• You waive the right to have disputes decided by a judge or jury in court.
• You waive the right to bring or participate in class actions, class arbitration, or representative proceedings.
• If mass arbitration occurs, batching may apply as described in these Terms.

These Terms govern your access to and use of FermatMind websites, mobile pages, applications, plugins, widgets, tools, item banks, reports, enterprise systems, and related services, collectively referred to as the Services.

These Terms, together with our Privacy Policy and any additional terms shown for specific features, form a legally binding agreement between you and FermatMind.

By accessing, browsing, registering, purchasing, or using the Services, you confirm that you have read, understood, and agreed to this Agreement. If you do not agree, stop using the Services.

FermatMind provides assessment tools and interpretive reports for self-understanding, career and learning preferences, relationship communication, and mental health literacy for both individuals and teams.

We are not a medical provider and we do not provide medical, psychiatric, psychotherapy, or prescription services.

The Services are for educational and informational purposes only and are not a substitute for professional diagnosis or treatment.

Use of the Services does not create a doctor-patient or therapist-patient relationship, and communications are not covered by medical privilege.

If you are in crisis, experiencing severe distress, major functional impairment, or self-harm or suicidal thoughts, seek immediate professional support or contact local emergency services.

You must have legal capacity to enter into this Agreement.

If you are under 18, you may use the Services only with parent or guardian consent and supervision.

If you are under 14, or if a higher child age threshold applies in your jurisdiction, do not register or submit personal data unless a guardian completes consent and operation under our Privacy Policy.

We may restrict certain features by age or territory.

Results and reports depend on self-reported input and context, and may vary over time.

Reports may include model-generated explanations and recommendations and may not be accurate, complete, or fit for every situation.

Do not use any report as the sole basis for major medical, legal, investment, employment, or termination decisions.

Enterprise users must follow fairness, non discrimination, and compliance obligations, and must not use assessments as the only basis for adverse employment action.

Some features require an account. You must provide accurate contactable information and keep it updated.

You are responsible for all activity under your account and must protect your credentials.

If you suspect unauthorized access, contact support@fermatmind.com immediately and reset your password.

We may suspend, restrict, or terminate accounts that violate these Terms or create security or legal risk.

We may offer free and paid features, including one-time report unlocks, subscriptions, enterprise plans, and add-ons. Pricing, entitlements, validity periods, and delivery methods are shown at checkout.

You authorize FermatMind or our payment provider to charge your selected payment method for your order amount. Some payment methods may involve pre-authorization or temporary holds.

If you purchase a subscription, you authorize automatic renewal billing at the end of each billing cycle unless you cancel renewal before the next renewal date.

Because digital content is delivered immediately, purchases are generally non-refundable after report unlock, content delivery, or subscription activation, except where required by law or where there is material service failure, duplicate charges, or billing error.

Enterprise plans may include admin controls, member management, and aggregated insights. Purchasers and admins must ensure lawful authorization and comply with labor, privacy, and anti-discrimination laws.

User Content includes any text, images, audio, video, comments, feedback, and materials that you post, upload, submit, or display through the Services.

You represent that you own or are authorized to submit your User Content and that it does not violate laws or third party rights.

You must not submit unlawful, hateful, abusive, defamatory, obscene, fraudulent, malicious, or spam content, and you must not impersonate or mislead others.

You grant FermatMind a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, distribute, and technically process User Content as necessary to operate the Services.

Deletion of User Content or account closure may not remove all copies immediately because backups, caching, and legal retention requirements may apply.

We may remove, restrict, or disable content or accounts when we reasonably believe there is a violation or risk.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services.

You may not do the following, and you may not help others do the following:

• Scrape, crawl, harvest, mirror, or bulk extract item banks, report structures, content, user data, or business information.
• Reverse engineer, decompile, bypass security controls, or attempt to discover source code or model details.
• Remove or alter proprietary notices, watermarks, trademarks, or access controls.
• Resell, broker, mass generate reports, mirror, or clone the Services without written permission.
• Upload malware or interfere with reliability, security, or normal operation of the Services.
• Post unlawful, infringing, abusive, hateful, violent, pornographic, deceptive, or spam content.
• Impersonate others or misrepresent affiliation.

The Services and all related content and functionality, including item banks, report structures, text, graphics, interface design, trademarks, software, code, datasets, and models, are owned by FermatMind or its licensors and protected by law.

Except for the license expressly granted in these Terms, no ownership or additional rights are transferred to you.

You may download your own report for personal use, or internal enterprise use where enabled. Commercial distribution, resale, sublicensing, and derivative products require written permission.

If you believe content on the Services infringes your copyright or other rights, send notice to support@fermatmind.com with the following information:

• Proof of ownership or authority and your contact information.
• The allegedly infringing URL or content location.
• A good faith statement that the use is unauthorized.
• A statement that your notice is accurate.

Our Privacy Policy explains how we collect, use, store, and disclose personal data. By using the Services, you consent to processing under the Privacy Policy.

We may use cookies and similar technologies to provide and improve the Services.

The Services may link to or integrate with third party services such as payment, analytics, support tools, and external content.

Third parties operate under their own terms and policies. We are not responsible for third party availability, accuracy, or security.

To the maximum extent permitted by law, the Services are provided as is and as available.

We do not warrant uninterrupted, error-free, secure operation, or that content is always accurate, complete, timely, or suitable for your needs.

To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive damages, or for losses of profits, goodwill, or data.

If liability is established, our total liability is limited to the amount you paid for relevant Services in the 12 months before the event giving rise to the claim. If you paid nothing, liability is limited to the minimum extent required by law.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold harmless FermatMind and its affiliates, officers, employees, and agents from claims, losses, liabilities, and reasonable legal fees arising from your breach of these Terms, unlawful use, or infringement of third party rights.

You may stop using the Services at any time. To delete an account, use the available in-product steps or email support@fermatmind.com.

We may suspend or terminate access if you violate these Terms or create risk.

After termination, access may end immediately. Data handling remains subject to our Privacy Policy.

We may update these Terms for product, security, compliance, or legal reasons.

We will update the Last Updated date and may provide additional notice for material changes. Continued use after changes take effect constitutes acceptance.

Before initiating arbitration, contact support@fermatmind.com and provide the information needed for informal resolution.

If informal resolution fails and to the extent permitted by law, disputes will be resolved by binding bilateral arbitration, not court litigation, except for small claims or injunctive relief where allowed.

The arbitration provider and rules will be specified in written notice when arbitration begins. You may raise reasonable objections where permitted by law. The seat of arbitration will be our registered place of business or another location required by mandatory law.

Arbitration proceeds on an individual basis only unless prohibited by law.

If 75 or more substantially similar arbitration demands are filed within a close period, claims may be administered in batches of 25 for efficiency. This does not create class arbitration.

If any provision is held invalid, the remaining provisions remain in effect.

These Terms and the Privacy Policy form the entire agreement regarding the Services.

Failure to enforce a right does not waive that right.

Contact us at support@fermatmind.com.