Twofold (withtwofold.com)
These Terms of Service ("Terms") are a binding agreement between you and Haystack Group LLC ("Haystack," "we," "us," "our") governing your access to and use of withtwofold.com and any related assessments, content, features, and services (collectively, the "Service").
By accessing or using the Service, creating a registration, clicking "Begin Assessment," or otherwise submitting information through the Service, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the Service.
The Service is intended for adults. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 and have the legal capacity to enter into these Terms.
"Assessment Data" means data associated with your participation, including:
"Sensitive Assessment Data" means Assessment Data that is sensitive in context because it may reveal intimate aspects of personality and cognitive performance. Depending on the questions asked and answers given, it may also reveal or allow inferences about data treated as "special category" data under EU/UK/Swiss law.
"Service Providers" means vendors and processors that help us operate the Service under contractual restrictions.
The Service provides personality/psychometric assessments and cognitive/problem-solving tasks. Some assessments are timed and may measure vocabulary, arithmetic, and spatial reasoning.
The Service is not medical, psychological, psychiatric, or clinical advice, diagnosis, or treatment.
The Service and any outputs may be experimental, under development, or updated over time.
To begin an assessment, you will be asked to provide certain information (for example, full name and email address, and optional demographic information such as gender and date of birth). You agree the information you provide is accurate to the best of your knowledge and that you will not submit information you do not have the right to provide.
The Service provides access to individual results through the user interface. If you use the comparison feature, your comparison results are shared only when you explicitly consent to share.
You may request a copy of your Assessment Data (including derived outputs) using the contact information in Section 1. We may take reasonable steps to verify your identity before providing access.
To operate the Service, maintain scoring integrity, provide support, and respond to requests (including result requests), Haystack administrators and authorized personnel may access identifiable Assessment Data (including your responses, derived outputs, and registration information). Access is limited to authorized personnel and subject to confidentiality and access controls.
A central purpose of the Service is to collect, analyze, develop, improve, and commercialize psychometric tools, models, and related products. Your use of the Service involves collection and processing of Assessment Data as described in the Privacy Policy.
Haystack may monetize products, models, reports, and analytics built from the Service, including outputs built from aggregated or de-identified information. Haystack does not sell or license your identifiable Assessment Data, item-level responses, derived scores, or assessment inferences to third parties for their own commercial purposes.
You acknowledge that you will not receive compensation for Haystack's operation, improvement, or commercialization of the Service or products built from aggregated or de-identified information, except where required by law.
Nothing in these Terms waives or limits any non-waivable rights you have under applicable privacy laws. Where applicable law requires opt-in consent, opt-out rights, limitations on processing, or withdrawal of consent, we will provide those mechanisms as described in the Privacy Policy.
Where required by applicable law, we process or share personal information based on your consent.
If you are in the EEA/UK/Switzerland, and to the extent our processing involves special category data (including inferred special categories), we rely on an Article 9 condition such as your explicit consent, collected through an express statement presented in the Service. Withdrawal of consent does not affect processing already performed.
If you withdraw consent or opt out where required by law, we will stop the processing covered by that withdrawal/opt-out going forward, subject to legal exceptions. Information already shared with Service Providers or through features you requested may remain subject to their own legal obligations and retention practices.
You agree not to:
The Service, including assessment items, item banks, scoring methods, algorithms, models, text, graphics, and design, is owned by Haystack or its licensors and is protected by intellectual property laws. You receive a limited, revocable, non-transferable, non-exclusive right to use the Service for personal participation consistent with these Terms.
You grant Haystack a non-exclusive, royalty-free license to use, reproduce, analyze, modify, and create derivative works from your Assessment Data only as reasonably needed to operate the Service, provide and support your results, maintain assessment integrity, conduct internal research and product development, and create aggregated or de-identified datasets, models, and analytics as described in the Privacy Policy. This license does not authorize Haystack to sell or license your identifiable Assessment Data to third parties for their own commercial purposes.
This license does not eliminate any rights you may have under applicable privacy laws (see the Privacy Policy).
We may use third-party service providers for hosting, analytics, security, email delivery, and support. The Privacy Policy describes how we share data with vendors, Service Providers, and user-directed sharing features.
We may add, remove, or modify features, and we may introduce fees for some or all aspects of the Service at any time.
We may suspend or terminate access at any time for misuse, security reasons, operational reasons, or legal compliance. Sections that by their nature should survive termination will survive, including Sections 7-9, 11-19.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAYSTACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAYSTACK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAYSTACK'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED USD $100 OR THE AMOUNT YOU PAID TO HAYSTACK FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted by law.
Before filing a claim, you agree to contact us at [email protected] with a brief description of the dispute and allow 30 days for resolution.
If you are a resident of the United States, you and Haystack agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules, rather than in court, except that either party may bring a claim in small claims court if it qualifies.
You and Haystack waive any right to a jury trial.
CLASS ACTION WAIVER: You and Haystack agree that claims must be brought on an individual basis only and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.
ARBITRATION VENUE: Davidson County, Tennessee unless AAA rules require otherwise.
ARBITRATION OPT-OUT: You may opt out of this arbitration agreement by emailing [email protected] with subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email used with the Service.
If you are a consumer habitually resident in the EEA, the UK, or Switzerland, you may have mandatory rights under local law. The arbitration and class action waiver provisions in Section 18.2 do not apply where prohibited by applicable law.
Except where mandatory local law provides otherwise, these Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of laws principles.
We may update these Terms from time to time. The "Last Updated" date indicates the most recent revision. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
Haystack Group LLC
501 Union St Ste 545 PMB 60566
Nashville, TN