Agreement
These Terms are an agreement with Monderman, LLC.
These Public Beta Terms of Use are between you and Monderman, LLC, a South Dakota limited liability company with a mailing address at 41 W Highway 14, Unit #1225, Spearfish, SD 57783. “Customer” means the organization for which the service is activated or purchased. “User” means an authorized person who accesses the service for a Customer. “Participant” means a person invited to complete a Diagnostic. “Outputs” means Diagnostic results, reports, Synthesis, charts, estimates, Action Plans, assistant responses and other material generated through the service.
New account activation, Workspace invitation acceptance and Pattern trial initiation require an affirmative agreement. Monderman creates an immutable historical acceptance record containing the user UUID and normalized account email verified at acceptance, the Terms version, Privacy Notice version, database-server timestamp, source/context and, when applicable, the organization UUID and organization name verified at acceptance. This evidence may remain after the live account or organization is deleted for the seven-year legal-acceptance retention period described in the Privacy Notice. Acknowledging the Privacy Notice is not consent to every possible use of personal information.
If you use Monderman for a Customer, you represent that you are an adult authorized to bind that Customer, administer its Workspace and submit the information you provide. The Customer is responsible for ensuring that each Admin or other person who activates a plan, invites Participants, or makes decisions using Outputs has appropriate authority. A separately signed order form, statement of work, data-processing agreement or other written agreement controls where it expressly conflicts with these Terms.
Public beta
The service is still being refined.
Monderman Workspace is a controlled public beta. Features, limits, interfaces and workflows can change. Monderman may correct errors, modify or withdraw beta functionality, or suspend access when reasonably necessary for security, reliability, misuse prevention, legal compliance or maintenance. The beta does not include an uptime or service-level commitment unless a separate signed agreement expressly provides one.
U.S. controlled-beta eligibility
Self-service product use is limited to the United States.
Unless Monderman separately agrees in writing to an international arrangement, the self-service controlled beta is offered only to U.S.-based organizations and adult Participants located in the United States.
A Customer using the self-service beta must not invite a Participant located outside the United States or knowingly submit personal information subject to a non-U.S. processing or transfer arrangement that Monderman has not separately established. Public informational pages may remain accessible globally; this restriction applies to self-service product use.
Pattern beta trial
The no-card Pattern evaluation ends automatically.
The Pattern beta trial is available once per eligible account identity. It begins when an authorized Workspace Admin affirmatively starts it, runs for 30 days, requires no payment card, ends automatically and does not auto-renew. It does not convert to a paid subscription or charge the Customer unless an authorized Admin later makes a separate affirmative purchase.
Deleting or replacing a Workspace does not reset trial eligibility. Monderman retains the limited anti-abuse trial record described in the Privacy Notice for three years. At the end of the evaluation, the Workspace returns to standard Trial access unless an authorized Admin separately chooses a paid plan. Saved work is retained subject to these Terms, the Privacy Notice and applicable service limits.
Diagnostics, estimates and outcomes
Outputs are decision-support tools, not promised results.
Diagnostic scores are calculated deterministically from the structured inputs supplied to the service. AI-assisted written interpretation and optional experiential material do not calculate or change the quantitative score. Current Depth Synthesis and Cross-Lens Synthesis calculations are deterministic.
Any amount of money, time, capacity, productivity, burden, exposure, savings or recovery shown by the service, including any range, is a directional estimate derived from Customer-supplied information and stated or embedded assumptions. It is not a valuation, forecast, promise, commitment, representation or guarantee of an actual result. An identified opportunity is not the same as an achieved result.
Monderman does not independently verify the truthfulness, accuracy, completeness, representativeness or quality of Customer or Participant inputs. Results may be affected by Participant selection, response accuracy, missing information, organizational context, implementation quality, leadership decisions, employee behavior, available resources, timing, market conditions, regulatory requirements and other circumstances outside Monderman's control.
The Customer is solely responsible for evaluating Outputs; deciding whether, when and how to act on them; obtaining appropriate professional advice; implementing and managing any intervention; monitoring its effects; and determining whether an intervention should be continued, changed or discontinued. Actual outcomes may differ materially from Outputs even when a Customer believes it followed a suggested Action Plan or intervention path.
Monderman does not warrant that use of the service, implementation of a recommendation or completion of an Action Plan will produce a particular score change, financial return, cost reduction, time recovery, capacity improvement, productivity gain or other organizational result. Outputs are not legal, medical, accounting, investment, safety, employment or other regulated professional advice and must not be used as the sole basis for a consequential decision.
Participants and employment decisions
The Customer controls participation and employment use.
The Customer represents and warrants that it has a lawful basis and all authority, notices, permissions and consents required to invite Participants, collect their responses, configure anonymity, receive Outputs and use the service for the Customer's stated organizational purpose. The Customer is responsible for complying with applicable employment, labor, discrimination, consultation, workplace-monitoring, privacy and records laws.
Monderman Diagnostics are not designed, validated or offered as employee-selection procedures or as tools for hiring, termination, promotion, discipline, compensation, performance ranking or any other individual employment decision. The Customer must not use an Output as a substitute for an independently lawful and appropriately validated employment process. The Customer bears responsibility for every employment decision and for any discrimination, retaliation, adverse-impact or other employment claim arising from its administration or use of the service.
Participants are not customers and are not third-party beneficiaries of the agreement between Monderman and the Customer. Except for rights that cannot lawfully be waived and obligations in any separate terms a Participant affirmatively accepts, Monderman assumes no contractual duty to a Participant concerning the Customer's employment, management or organizational decisions.
Campaigns and anonymity
Use invitations responsibly and do not re-identify anonymous respondents.
Workspace Admins are responsible for an appropriate organizational basis to invite Participants, for providing required notices and for using recipient information and results lawfully. Directed assignment links are scoped to the assigned Diagnostic and do not make the recipient a Workspace Member.
If a campaign is configured as anonymous, the completed result is not saved with an assignment ID or run-ID join back to the named recipient in the Customer Workspace. Monderman still processes invitation and necessary request, delivery and security metadata. Business-unit or team context can make a respondent inferable in a small group, and a specific anonymous result ordinarily cannot later be located from recipient identity alone.
The Customer and its Users must not attempt to identify an anonymous Participant, connect an anonymous response or result to a person, compel Monderman to defeat an anonymity control, or combine Outputs with other information for the purpose of working out who said what. The Customer must investigate and stop suspected re-identification activity within its Workspace.
Customer data and data roles
The Customer controls its content and gives Monderman permission to provide the service.
The Customer retains its rights in information and material submitted to the service. The Customer gives Monderman and its service providers a limited, non-exclusive permission to host, process, transmit, reproduce and display that material as needed to operate, secure, support and improve the service and generate requested functions and Outputs.
For Customer-directed Workspace campaigns, Participant responses, Customer reports and related organizational content, the Customer generally determines the business purpose and acts as controller or business, while Monderman generally acts as the Customer's processor or service provider. For account, authentication, security, billing, fraud-prevention, legal-acceptance, support and service-administration records, Monderman generally acts as controller or business. The Privacy Notice describes these roles and uses. A data-processing agreement may be made available where required for an engagement.
The Customer is responsible for the accuracy, legality, notices and permissions associated with its data, the people it invites, the instructions it gives Monderman and the recipients with whom it shares Outputs. The self-service beta does not itself establish a Customer-specific international-transfer, data-residency or regulated-data arrangement.
Aggregated and de-identified information
Monderman may improve the service without identifying a Customer or person.
Monderman may create and use aggregated statistics and de-identified information derived from service operation and Customer content to secure, maintain, analyze and improve the service; evaluate methodology and reliability; and develop benchmarks and research. This right continues after the relationship ends.
Monderman will not use this right to identify a Customer or person, publish a Customer's confidential information, expose raw Participant narrative, or represent a Customer's results as another Customer's results. Information used for external benchmarks or research must be aggregated or de-identified so that it cannot reasonably identify a Customer or person, subject to the Privacy Notice and any applicable signed data-processing agreement.
Restricted information
Do not submit sensitive information the self-service beta is not designed to process.
Do not intentionally submit payment-card data into Diagnostic fields, passwords or credentials, Social Security or other government identification numbers, financial-account credentials, classified information, biometric identifiers, children's data, protected health information, or other specially regulated or sensitive information requiring a separate legal or contractual arrangement. Enter payment-card details only in Stripe-hosted payment fields.
Monderman does not claim that the self-service beta is configured for HIPAA, FedRAMP or another specialized regulatory program. The Customer is responsible for instructing its Users and Participants not to submit prohibited information and for promptly notifying Monderman if it believes such information was submitted. A Customer whose information requires a specific transfer, residency or regulated-data arrangement must not submit that information until the necessary arrangement is established.
AI-assisted functions
AI-assisted interpretation requires human review.
Some written interpretation, experiential synthesis and assistant functions use third-party language models. AI-assisted material may contain errors, omissions, ambiguity or incomplete context. The Customer must review it before relying on or sharing it and remains responsible for determining whether it is appropriate for the Customer's use.
Inputs and Outputs used for these functions may be processed by providers identified on the Subprocessors and infrastructure page. Monderman does not opt Customer content into general model training. The current commercial model-provider posture, retention period and stated exceptions are described in the Privacy Notice and subprocessor disclosures and may change when providers or their terms change.
Reports and permitted reliance
Outputs are licensed for the Customer's internal business use.
Subject to these Terms and payment of applicable fees, Monderman grants the Customer a limited, non-exclusive, non-transferable license to use its authorized Outputs for internal business purposes. The Customer may share an unaltered Output confidentially with its personnel, governing body, attorneys, accountants, professional advisers, auditors, insurers, lenders, financing sources or regulators when reasonably necessary for the Customer's internal affairs and when the recipient is informed that the Output is directional and may not be independently relied upon.
The Customer must not publish, resell, sublicense, publicly distribute, materially alter, remove qualifications from, or present an Output as an assurance, audit opinion, valuation, fairness opinion, forecast, certification or guarantee by Monderman without Monderman's prior written consent. No person outside the Customer may rely on an Output as creating a duty, representation or warranty from Monderman.
Intellectual property
The platform, instruments and methodology remain Monderman property.
Monderman and its licensors retain all rights in the platform, software, interface, Diagnostic instruments, item banks, question design, routing and adaptive logic, scoring systems, weights, thresholds, bands, prompts, methodology, models, report formats, branding and other service materials. Except for the limited Output license above, these Terms grant no right to Monderman intellectual property.
You may not copy or reconstruct an instrument or item bank; record or compile questions for reuse; reverse engineer scoring or routing; extract prompts or protected implementation details; or use access to the service or its materials to build, train, evaluate, improve or inform a competing product or service, except to the extent a restriction is prohibited by applicable law.
If you voluntarily provide product feedback or suggestions, Monderman may use them without restriction or an obligation to compensate you. This does not transfer ownership of Customer inputs or organizational content.
Workspace responsibility
The Customer is responsible for activity under its Workspace.
The Customer is responsible for activity by its Admins, Analysts, Members and other authorized Users; for assigning appropriate roles; for promptly removing access that is no longer authorized; and for ensuring that Users comply with these Terms. Workspace Admins control invitations, roles, settings, campaign configurations and organizational access.
Users must safeguard account access, use accurate account information, avoid sharing one-time links or credentials and promptly report suspected unauthorized access or compromise. The Customer is responsible for decisions and actions taken through an account it authorized until Monderman receives and can reasonably act on notice of compromise.
Acceptable use
Do not misuse the service or bypass its controls.
You may not use Monderman to violate law or the rights of others; interfere with security or availability; probe or exploit vulnerabilities except through testing expressly authorized in writing; scrape or automate access except through an authorized interface; impersonate another person; introduce malicious code; submit content you do not have authority to process; or use the service to surveil, retaliate against or unlawfully discriminate against a person.
You may not evade or circumvent plan, seat, trial, run, feature, access, usage or metering controls; resell or provide the service as a service bureau; interfere with usage measurement; or help another person do so. Circumvention is a material breach, and Monderman may suspend access, require a plan correction or invoice documented excess usage at rates disclosed in an applicable order or plan.
Third-party services and availability
Some functions depend on providers outside Monderman's control.
Monderman uses providers identified on the Subprocessors and infrastructure page. Hosting, authentication, database, email-delivery, payment and model-provider availability can affect service functions. Stripe-hosted systems handle payment-card details; Monderman does not receive or store full payment-card numbers.
Monderman may modify, replace, limit or retire a feature; correct an error; change a provider; or suspend the service for maintenance, security, misuse prevention, legal compliance or circumstances outside its reasonable control. Monderman does not guarantee uninterrupted, secure or error-free operation, delivery of every email, preservation of every item of data or continued availability of a particular third-party service. No uptime or service-level commitment applies unless stated in a separate signed agreement.
Paid subscriptions
Price, renewal and usage terms are disclosed before purchase.
The Pattern beta trial does not convert automatically. If an authorized Admin affirmatively purchases a paid self-service plan, the price, recurring billing interval, included usage and renewal terms shown at checkout or in an applicable order form become part of the agreement. A paid subscription renews for the disclosed interval until canceled, and Monderman will provide notices required by applicable law.
Cancellation prevents a future renewal and ordinarily takes effect at the end of the current paid period, so access can continue through that period. Paid amounts are non-refundable except where applicable law requires a refund or Monderman expressly agrees otherwise in writing. Fees exclude taxes; the Customer is responsible for applicable sales, use, value-added and similar transaction taxes other than taxes on Monderman's net income.
If documented usage exceeds a purchased plan, Monderman may require the Customer to reduce usage, purchase an appropriate plan or pay an applicable overage or true-up stated in the plan or order form. Monderman will not impose an undisclosed usage charge. Enterprise or other separately scoped services may have different signed commercial terms.
Suspension, termination and data
Access may end, and the Customer must preserve what it needs.
The Customer may stop using Monderman at any time. Monderman may suspend or terminate access, without liability for the suspension itself, when reasonably necessary because of nonpayment, compromised access, a security or legal risk, material misuse, prohibited data, plan circumvention, harm to another person, provider restrictions or material breach of these Terms.
The Customer is responsible for exporting Outputs and other records it needs while it has access. For 30 days after termination of a paid subscription, an authorized Admin may request available standard exports, subject to identity verification, payment status, security restrictions and legal holds. This retrieval period does not require Monderman to create a new export format or restore data already deleted under an authorized request or applicable retention schedule.
After an applicable retrieval period, Monderman has no contractual duty to retain Customer content. Deletion and retention follow the Privacy Notice, including verified-deletion procedures and security, billing, tax, legal, fraud-prevention, dispute, provider-backup and litigation-hold exceptions. Termination does not affect provisions that by their nature should survive, including intellectual property, aggregated and de-identified information, payment obligations, disclaimers, indemnification, liability limits, dispute terms and retained legal evidence.
Availability and warranties
The beta is provided “as is” and “as available.”
To the maximum extent permitted by applicable law, Monderman provides the service and Outputs “as is” and “as available” and disclaims express, implied and statutory warranties, including merchantability, fitness for a particular purpose, title and non-infringement. Monderman does not guarantee uninterrupted, secure or error-free operation; preservation of every item of data; accuracy or completeness of Customer inputs or Outputs; achievement of an estimate, range, recommendation or opportunity; or any particular organizational or business result. Rights that cannot lawfully be disclaimed remain unaffected.
Customer indemnification
The Customer is responsible for third-party claims arising from what it controls.
The Customer will defend, indemnify and hold harmless Monderman, its affiliates and their respective officers, directors, employees and contractors from third-party claims, demands, proceedings, damages, judgments, settlements, penalties, costs and reasonable attorneys' fees arising out of or related to: Customer data or instructions; the Customer's lack of authority, notice, permission or consent; Participant administration; an employment or organizational decision; attempted re-identification; the Customer's interpretation, implementation, distribution or other use of an Output; activity under the Customer's Workspace; violation of law or another person's rights; or breach of these Terms by the Customer or its Users.
This obligation does not apply to the extent a claim is caused by Monderman's breach of these Terms, gross negligence, willful misconduct or violation of applicable law. Monderman will give reasonably prompt notice of a covered claim and reasonable cooperation at the Customer's expense. The Customer may control the defense with counsel reasonably acceptable to Monderman, but may not settle a claim in a way that admits fault by, imposes liability or non-monetary obligations on, or fails to unconditionally release Monderman without Monderman's prior written consent. Monderman may participate with counsel of its choice at its own expense.
Liability
Liability is limited to the maximum extent the law allows.
To the maximum extent permitted by applicable law, Monderman is not liable for indirect, incidental, special, exemplary, consequential or punitive damages, or for lost profits, revenue, goodwill, business opportunity, anticipated savings, expected recovery, productivity, time, capacity or data, arising out of or related to the service, even if advised that such damages are possible.
To the maximum extent permitted by applicable law, Monderman is not liable for any difference between an estimated and actual result; failure to realize an identified opportunity, recovery, saving or improvement; or loss arising from the Customer's interpretation, use, implementation or non-implementation of an Output.
To the maximum extent permitted by applicable law, Monderman's total aggregate liability arising out of or related to the service and these Terms will not exceed the fees paid to Monderman for the service during the 12 months immediately preceding the event giving rise to the claim, or US $100 if the claim relates only to free beta use. These exclusions and caps do not apply to the extent applicable law prohibits them.
Claims and disputes
Alabama law governs, subject to non-waivable law.
To the maximum extent permitted by applicable law, a claim arising out of or related to the service or these Terms must be filed within 12 months after the claim accrued; otherwise the claim is permanently barred. This deadline does not shorten a period that applicable law prohibits the parties from shortening.
These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law rules. Any judicial proceeding arising out of or related to these Terms or the service must be brought in the state or federal courts serving Madison County, Alabama, and each party consents to their personal jurisdiction and venue. This section does not limit rights or forums that cannot be waived under applicable law. These Terms do not require mandatory arbitration.
Entire agreement and reliance
The written agreement controls.
These Terms, any applicable signed order form or statement of work, and any applicable signed data-processing agreement are the entire agreement concerning the service and replace prior or contemporaneous discussions, demonstrations, samples, proposals and understandings about that subject. The Customer acknowledges that it is not relying on a promise, guarantee or representation outside those documents, including a statement in marketing material, sample Output, published research, presentation or sales conversation.
This section does not exclude liability for fraud or alter a right that cannot lawfully be waived. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum permissible extent and the remainder will remain effective. The Customer may not assign these Terms without Monderman's written consent; Monderman may assign them in connection with a merger, acquisition, financing, reorganization or sale of all or substantially all relevant assets. These Terms create no partnership, agency, fiduciary relationship or third-party beneficiary.
Changes
The version above identifies the current Terms.
Monderman may update these Terms as the beta changes. Material changes will be posted with a revised date and, where appropriate, presented through the service. A material revision requires fresh affirmative acceptance before continued protected product use when Monderman activates a new Terms version. Changes do not retroactively alter a separately signed agreement.
Contact
Questions about these Terms.
Monderman, LLC
41 W Highway 14, Unit #1225
Spearfish, SD 57783
connect@monderman.com
You may also use the Connect form for questions about these Terms, procurement, security or a separate agreement.