The Element Profile Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") govern access to and use of The Element Profile, a behavioral talent assessment platform owned and operated by In Good Company Collective, LLC, an Arizona limited liability company ("IGC," "we," "us," or "our"). By creating an account, you agree to these Terms on behalf of yourself and the organization you represent ("Customer," "you," or "your").
If you do not agree to these Terms, do not create an account or use The Element Profile.
2. Who This Is For
The Element Profile is a business tool intended for use by organizations to assess the working style of their own personnel through structured self-assessment. It is not intended for personal, family, or household use, and these Terms should be read with that in mind. You must be at least 18 years old and authorized to bind your organization to enter this agreement.
3. The Service
The Element Profile allows an account holder to invite people to complete a structured self-assessment about their own working style, optionally organize them into teams, view individual results and team composition, generate AI-assisted narrative reports, and optionally define roles with target profiles to compare individual results against. The specific features available depend on your plan, as described at ingoodcocollective.com/plans.
3.1 Free Trial
Element Profile does not currently offer a free trial.
3.2 Subscriptions
Paid plans are billed on a subscription basis, either monthly or annually, as selected at signup. Subscriptions renew automatically at the end of each billing period unless canceled before the renewal date. Annual subscriptions renew for another annual term; monthly subscriptions renew for another month.
You will be charged using the payment method on file at the start of each billing period. It is your responsibility to keep your payment information current.
3.3 Cancellation
You may cancel your subscription at any time through the account management portal available inside the platform, using the same account through which you subscribed. Cancellation takes effect at the end of the current billing period; you will retain access through that period, and no partial refund is issued for the remaining time unless required by law or otherwise stated at the time of cancellation.
We will not add steps to the cancellation process beyond what was required to subscribe.
3.4 Price Changes
We may change our pricing for future billing periods. If a price change applies to your subscription, we will give you at least 30 days' notice by email before it takes effect. Continuing to use The Element Profile after a price change takes effect constitutes acceptance of the new price; if you do not agree, you may cancel before the change takes effect.
3.5 Community and Enterprise Plans
Community pricing is available to qualifying nonprofit, educational, and government organizations subject to verification, at IGC's discretion. Enterprise plans are governed by these Terms together with any separately signed order form or agreement, which will control in the event of a conflict.
4. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use of your account.
An account may have one or more authorized users at IGC's then-current plan limits. The organization that created the account, not any individual user, is the Customer under these Terms.
5. Assessment Data and Confidentiality
This section describes how The Element Profile handles the responses, results, archetype, and narrative content generated through the platform ("Assessment Data"). It reflects a specific and deliberate design of the product, and it is central to how the platform is meant to be used.
5.1 Visibility of Individual Results
Unlike a 360-degree feedback tool, The Element Profile is a self-assessment: a person's results reflect only their own responses about themselves, not opinions collected from others about them. A person's own results and full report are shown to them directly on screen the moment they complete their assessment, and are also sent to their email; there is no way to opt out of receiving your own results.
Because the tool is intended to support real conversations about role fit and team composition, an account holder's admin users can also see a person's completed results as part of managing their organization's people, teams, and roles. This is by design and is not configurable.
5.2 Ownership of Assessment Data
As between IGC and Customer, Customer owns the Assessment Data collected through its account. IGC retains ownership of the underlying Element Profile platform, including its questionnaire content, the six Elements and archetype system, scoring methodology, report templates, and any proprietary software, all of which are licensed to Customer for use during an active subscription, not sold.
5.3 IGC's Access to Assessment Data
IGC does not access the content of Assessment Data, including individual scores, archetypes, or narrative reports, in the ordinary course of providing the Service. IGC's standard support and account management tools show only account-level metadata: the number of teams, people, and completed assessments. IGC will not access the substantive content of a Customer's Assessment Data except:
a. with the account holder's explicit, granted permission, for the purpose of troubleshooting a specific issue that the account holder has reported; or
b. where required to comply with a valid legal obligation, such as a court order or subpoena.
This commitment does not limit IGC's technical ability to access its own database, which it retains for operational, security, and legal purposes, but describes IGC's contractual obligation regarding when it will do so.
5.4 What Happens on Cancellation
Upon cancellation or termination of an account, Customer's Assessment Data will be retained for 60 days to allow for reactivation, after which it will be permanently deleted from IGC's active systems. Customer may request an export of its Assessment Data before that period ends by contacting info@ingoodcocollective.com.
6. Acceptable Use
You agree not to:
Require someone to misrepresent their own responses during the assessment, or coach them toward a specific outcome, in a way that would make their results inaccurate;
Use an individual's archetype or assessment results as the sole basis for an employment decision such as hiring, promotion, compensation, or termination;
Use the platform to harass, demean, or retaliate against any individual based on their results;
Reverse-engineer, decompile, or attempt to extract the platform's underlying methodology, scoring system, or source code;
Resell or provide access to The Element Profile to third parties outside your own organization without IGC's consent, except as expressly permitted under a consulting or facilitator use case disclosed to and accepted by IGC.
7. AI-Generated Content
The Element Profile uses a third-party artificial intelligence service in three ways: to generate a written narrative describing a team's overall composition based on its members' archetypes and scores; to draft a proposed target profile from a job description an account holder pastes in, for review before it is used; and to generate a narrative report comparing an individual's results against a role's target profile. This content is generated automatically and is not reviewed by a human before being shown to an account holder. While designed to be accurate and constructive, AI-generated content may occasionally contain errors, and IGC does not warrant its accuracy. Reports and comparisons are intended as a starting point for reflection and conversation about role fit and team composition, not as a definitive, clinical, or psychological assessment, and should not be the sole basis for an employment decision.
8. Intellectual Property
The Element Profile platform, including its name, the six Elements framework, archetype system, questionnaire content, visual design, and all associated software, is the property of IGC and is protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of any of the foregoing to Customer.
Roles and target profiles created by a Customer within its own account remain associated with that Customer's account but do not grant IGC any rights beyond what is needed to operate the Service on Customer's behalf.
9. Disclaimers
THE ELEMENT PROFILE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IGC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
THE ELEMENT PROFILE IS A DEVELOPMENTAL TOOL AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HUMAN RESOURCES, LEGAL, OR EMPLOYMENT ADVICE, AND IS NOT A CLINICAL OR PSYCHOLOGICAL ASSESSMENT. DECISIONS REGARDING EMPLOYMENT, COMPENSATION, HIRING, OR DISCIPLINE SHOULD NOT BE BASED SOLELY ON ELEMENT PROFILE OUTPUT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGC'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO IGC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IGC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
Customer agrees to indemnify and hold IGC harmless from any claim arising from Customer's misuse of the Service, violation of these Terms, or violation of any applicable law, including claims brought by a person whose Assessment Data was collected arising from Customer's use of that data outside the platform.
12. Term and Termination
These Terms remain in effect for as long as you maintain an account. IGC may suspend or terminate an account for material breach of these Terms, including violation of Section 6, with notice where practicable. Either party may terminate for the other's uncured material breach after 30 days' written notice.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles.
Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered under the rules of the American Arbitration Association, conducted in Maricopa County, Arizona, except that either party may bring an individual claim in small claims court. Any arbitration will be conducted on an individual basis; class actions and class arbitrations are not permitted.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before taking effect. Continued use of The Element Profile after changes take effect constitutes acceptance.
15. Contact
Questions about these Terms can be directed to info@ingoodcocollective.com.