Terms and Conditions | Thrive Trait Inventory

These Terms and Conditions (“Terms”) constitute a legally binding agreement between LEaDOn, LLC, a California limited liability company doing business as Thrive Leadership Co. (“Thrive,” “we,” “us,” or “our”) and the individual or entity accepting these Terms (“Customer,” “you,” or “your”). These Terms govern the Customer’s access to and use of the Thrive Trait Inventory platform, accessible at thrivetraitinventory.com (the “Platform”), and all related services, features, tools, reports, and content made available through the Platform (collectively, the “Services”).

By creating an account, accessing the Platform, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

We may revise these Terms at any time by posting updated terms on the Platform or providing you with notice. Material changes will be communicated at least thirty (30) days in advance via email or in-Platform notification. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

2. Definitions

“Assessment” means the Thrive Trait Inventory survey instrument administered to a Candidate through the Platform, measuring behavioral traits, mindset-behavior alignment, and self-perception.

“Candidate” means any individual who completes an Assessment at the direction of a Customer. Candidates are not customers or users of the Platform; they are respondents to a survey link provided by the Customer.

“Candidate Data” means the personal information and Assessment responses provided by a Candidate through the Platform.

“Customer Data” means any content, data, job descriptions, configurations, or other information that the Customer inputs, uploads, or submits to the Platform. Customer Data includes Candidate Data but does not include Usage Data or Thrive Materials.

“Generated Report” means the output produced by the Platform following a completed Assessment, including trait scores, confidence levels, mindset-behavior gap analysis, Self-Perception Index (SPI) results, interview questions, Manager Insight recommendations, and related content.

“Job” means a discrete hiring position created by a Customer on the Platform, to which one or more Assessments and Generated Reports may be associated.

“Thrive Materials” means the Platform and all related software, technology, algorithms, scoring methodologies, trait libraries, report frameworks, documentation, tools, templates, interfaces, content, and other materials that Thrive develops, provides, or makes available, together with all improvements, modifications, and derivative works. Thrive Materials do not include Customer Data.

“Usage Data” means telemetry, logs, performance data, usage metrics, and other technical or operational data generated by or in connection with your use of the Services. Usage Data does not include Customer Data or personally identifiable information.

3. Platform Description

The Thrive Trait Inventory is a behavior-based pre-hire screening and assessment platform. The Platform enables Customers to:

Create Jobs and configure role-specific trait profiles using the Trait Builder feature;
Distribute Assessment survey links to Candidates for completion;
Receive Generated Reports containing trait scores, mindset-behavior gap analysis, Self-Perception Index results, and customized interview questions; and
Access Manager Insight recommendations for post-hire onboarding guidance.

IMPORTANT: The Platform is a decision-support tool. It is designed to supplement, not replace, the Customer’s independent judgment in hiring decisions. Generated Reports provide data-driven insights and behavioral indicators but do not constitute employment recommendations, legal advice, or guarantees of candidate suitability. The Customer retains full and sole responsibility for all hiring decisions.

4. Account Registration and Eligibility

4.1 Eligibility

You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to use the Services. The Services are intended for business use by employers, hiring managers, and human resources professionals. Candidates do not create accounts on the Platform; they access Assessments through unique survey links generated by the Customer.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Thrive promptly of any unauthorized access to or use of your account. Thrive shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

4.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

5. License and Acceptable Use

5.1 Grant of License

Subject to these Terms, Thrive grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your internal business purposes in connection with hiring and talent acquisition. This license does not give you any ownership interest in the Services or Thrive Materials.

5.2 Restrictions

You agree not to, and not to allow others to:

Copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Services or Thrive Materials except as expressly permitted in these Terms;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, scoring algorithms, trait methodologies, or other proprietary logic underlying the Services;
Use the Services to build, train, or improve a competing product or assessment tool;
Share, resell, or distribute Generated Reports or Assessment data to any third party not directly involved in the Customer’s hiring decision for the applicable position, except as required by law;
Use the Platform or Generated Reports as the sole or determinative basis for any employment decision, including hiring, promotion, termination, or compensation;
Upload, transmit, or distribute any malicious code, viruses, or harmful content;
Use the Services in violation of applicable laws, regulations, or any equal employment opportunity or anti-discrimination laws;
Misrepresent Generated Report content or AI-generated recommendations as professional advice (legal, psychological, medical, or otherwise); or
Bypass or disable any security, usage, or access controls.

6. Intellectual Property and Data Ownership

6.1 Thrive’s Intellectual Property

All right, title, and interest in and to the Platform, the Services, and all Thrive Materials—including the scoring methodologies, trait library, algorithms, report frameworks, and all related technology—are and remain the sole property of Thrive and its licensors. Except for the limited license granted herein, Thrive reserves all rights in and to the Services and Thrive Materials.

6.2 Customer Data

As between Thrive and the Customer, the Customer retains ownership of Customer Data, including job descriptions and configurations uploaded to the Platform. Customer grants Thrive a non-exclusive, worldwide, royalty-free license to use, process, and store Customer Data solely for the purpose of providing and improving the Services.

6.3 Candidate Data

Candidate Data is collected by Thrive on behalf of the Customer. As between Thrive and the Customer, the Customer is the data controller (or equivalent under applicable law) for Candidate Data. Thrive processes Candidate Data as a service provider to the Customer in accordance with these Terms and our Privacy Policy.

6.4 Generated Reports

Generated Reports are produced by Thrive’s proprietary scoring methodologies and, where applicable, AI-assisted features. The Customer receives a limited license to use Generated Reports solely for internal hiring and talent acquisition purposes. Thrive retains all intellectual property rights in the report framework, scoring logic, and methodologies used to produce Generated Reports. Thrive may use anonymized and aggregated data derived from Assessments and Generated Reports to improve the Platform and develop new features.

6.5 Usage Data

Thrive owns all Usage Data generated by or in connection with your use of the Services. Thrive may use Usage Data for any business purpose, including analytics, benchmarking, and service improvement.

6.6 Feedback

If you provide Thrive with any feedback, suggestions, ideas, or other information relating to the Services (“Feedback”), you agree that Thrive may use such Feedback for any purpose without restriction or compensation to you.

7. Billing and Payments

7.1 Payment Options

The Platform offers the following payment options, which the Customer selects when creating each Job:

Per Report: Assessments are purchased individually at the then-current per-report rate (currently $29.00 per Generated Report).
Per Job: A Job package is purchased at the then-current per-job rate (currently $199.00 per Job), which includes up to ten (10) Generated Reports associated with that Job. If the Customer exceeds ten (10) reports on a single Job, additional reports are billed at the then-current overage rate (currently $15.00 per additional report).

Customers may maintain multiple Jobs simultaneously and may select different payment options for each Job.

7.2 Pricing

All prices are stated in U.S. dollars. Thrive reserves the right to modify pricing at any time in its sole discretion, including offering promotional, early-adopter, legacy, volume, or other discounted rates to specific Customers or Customer categories. Any pricing changes will apply to new Jobs or transactions created after the effective date of the change and will not retroactively affect existing Jobs already in progress. Thrive will provide reasonable notice of material pricing changes.

7.3 Payment Terms

Fees are due and payable as invoiced by Thrive or as charged through Thrive’s designated payment processing system. Thrive currently invoices Customers at the beginning of each calendar month for the prior period’s usage. Thrive may, at its discretion, transition to real-time or point-of-transaction payment collection through a third-party payment processor (such as Stripe), in which case fees will be charged at the time of transaction. Thrive will provide reasonable notice of any change to its payment collection method.

7.4 Taxes

Fees are exclusive of any applicable taxes, levies, or duties. You are responsible for any taxes that apply to your transactions, other than taxes based on Thrive’s income.

7.5 Late Payments

Delinquent payments may bear interest at a rate of 1.5% per month (or the highest rate permitted by law, whichever is lower) from the payment due date until paid in full. Customer will be responsible for all reasonable costs, including attorneys’ fees, incurred by Thrive in collecting overdue payments.

7.6 No Refunds

Except where required by applicable law, all fees are non-refundable. Generated Reports, once delivered, cannot be returned or credited.

8. Third-Party Services and AI Disclaimers

8.1 Third-Party Services

The Platform may integrate with or rely upon third-party services, including cloud hosting providers, payment processors, and analytics tools. Your use of the Platform may also be subject to the terms and conditions of such third-party services. Thrive does not control these third-party services and is not responsible for their availability, security, or performance.

8.2 AI-Assisted Features

Certain features of the Platform, including the Trait Builder and Manager Insight, utilize artificial intelligence to generate recommendations and content. You acknowledge and agree that:

AI-generated content (including trait blueprints, interview questions, and onboarding recommendations) may contain errors, inaccuracies, or omissions;
AI-generated content is provided as a starting point and decision-support tool, not as professional advice;
You are solely responsible for reviewing, validating, and using any AI-generated content before acting on it; and
AI-generated content may be similar or identical to content generated for other Customers who submit similar inputs.

9. Assessment and Employment Disclaimers

9.1 Decision-Support Tool Only

The Thrive Trait Inventory is a screening and decision-support tool. It is not a diagnostic instrument, a personality assessment, an emotional intelligence test, a psychological evaluation, or a “type” test. Generated Reports provide behavioral indicators based on candidate self-report data and should be used as one component of a comprehensive hiring process that includes interviews, reference checks, and other evaluation methods.

9.2 Customer Responsibility for Hiring Decisions

The Customer bears full and sole responsibility for all employment decisions, including but not limited to hiring, promotion, termination, and compensation. The Customer agrees to:

Use the Platform and Generated Reports in compliance with all applicable federal, state, and local employment laws, including the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and any applicable Equal Employment Opportunity Commission (EEOC) guidelines;
Not use Assessment results as the sole or determinative criterion for any employment decision;
Ensure that the use of the Platform does not result in unlawful discrimination or adverse impact against any protected class; and
Consult with its own legal counsel regarding the lawful use of pre-hire screening tools in its jurisdiction.

9.3 No Professional Advice

Nothing in the Generated Reports or the Services constitutes legal, psychological, medical, or professional advice. Thrive is not a law firm, a licensed psychological practice, or a staffing agency. The Customer should seek independent professional advice as appropriate.

9.4 Accuracy of Candidate Responses

The Platform relies on candidate self-report data. Thrive does not verify, guarantee, or warrant the truthfulness, accuracy, or completeness of any Candidate’s responses. The Self-Perception Index and mindset-behavior gap analysis are designed to identify potential inconsistencies in self-reporting, but they are not infallible and do not substitute for independent verification.

10. Warranty and Disclaimers

THE SERVICES, THE PLATFORM, ALL GENERATED REPORTS, AND ALL THRIVE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRIVE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

THRIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE, OR THAT GENERATED REPORTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR HIRING DECISION. THRIVE MAKES NO REPRESENTATIONS REGARDING THE PREDICTIVE VALIDITY, RELIABILITY, OR LEGAL COMPLIANCE OF THE ASSESSMENT IN ANY SPECIFIC JURISDICTION OR FOR ANY SPECIFIC USE CASE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRIVE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COSTS RELATED TO ANY HIRING DECISION OR EMPLOYMENT ACTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF THRIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THRIVE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THRIVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

Customer agrees to indemnify, defend, and hold harmless Thrive, its members, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Customer’s use of the Services, including any hiring decision made using or influenced by Generated Reports;
Customer’s violation of these Terms or any applicable law, regulation, or third-party right;
Any claim by a Candidate, employee, applicant, or third party relating to Customer’s use of Assessment data, Generated Reports, or hiring practices;
Customer’s failure to comply with applicable employment, anti-discrimination, or data protection laws; or
Any Customer Data that infringes or violates any third-party right.

13. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms and the Services (“Confidential Information”). Neither party shall disclose the other party’s Confidential Information to any third party except as necessary to perform its obligations under these Terms, with the prior written consent of the disclosing party, or as required by law. This obligation of confidentiality shall survive termination of these Terms for a period of three (3) years.

14. Term and Termination

14.1 Term

These Terms begin when you first accept them or create an account and continue until terminated.

14.2 Termination by Customer

You may terminate your account and stop using the Services at any time by contacting Thrive at hello@thriveleadershipco.com. Termination does not relieve you of the obligation to pay any fees incurred prior to the effective date of termination.

14.3 Termination by Thrive

Thrive may suspend or terminate your account or access to the Services immediately, with or without notice, if: (a) you breach any provision of these Terms; (b) Thrive reasonably believes your use of the Services poses a security risk or may cause harm to Thrive or any third party; (c) any payment is overdue; or (d) Thrive discontinues the Services.

14.4 Effect of Termination

Upon termination: (a) your right to access the Services ends immediately; (b) you remain responsible for all fees incurred prior to termination; and (c) all licenses granted herein terminate. Thrive will retain Customer Data, including Candidate Data and Generated Reports, for a period of ninety (90) days following termination, during which you may request export of your data. After this period, Thrive may delete all Customer Data without further notice, except as required for legal compliance or as otherwise permitted by these Terms.

14.5 Survival

The provisions of these Terms relating to intellectual property, disclaimers, limitations of liability, indemnification, confidentiality, governing law, and any other terms that by their nature should survive, will continue in effect after termination.

15. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them, the Services, or your use of the Services shall be governed by and construed under the laws of the State of California, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful within sixty (60) days, the dispute shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, conducted by a single arbitrator in San Diego County, California. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or invoices, constitute the entire agreement between you and Thrive regarding the Services.

16.2 Assignment

You may not assign these Terms without Thrive’s prior written consent. Thrive may assign these Terms without restriction.

16.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

16.4 No Waiver

Thrive’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

16.5 Force Majeure

Neither party will be liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, pandemics, government actions, internet or utility failures, or third-party service disruptions.

16.6 Notices

All notices to Thrive must be sent to:

LEaDOn, LLC d/b/a Thrive Leadership Co.
1991 Village Park Way, Ste. A
Encinitas, CA 92024
Email: hello@thriveleadershipco.com

16.7 Copyright Complaints

If you believe your intellectual property rights have been infringed through the Platform, please contact us at hello@thriveleadershipco.com with a written notice containing: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a good-faith belief statement; and (e) a statement of accuracy under penalty of perjury.