Terms of Service

These Terms of Service ("Terms") govern your access to and use of our personality assessment platform and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

The Service is owned and operated by MyFive LLC ("MyFive LLC", "we", "us"), operator of the MyFiveTest platform.

If you do not agree to these Terms, you may not use the Service.

Important: These Terms contain provisions that limit our liability and disclaim certain warranties. Please read them carefully.

What We Provide

Our Service provides personality assessments based on the Big Five (OCEAN) model of personality. The Service includes:

• Online personality questionnaires informed by psychometric methods
• Automated scoring and interpretation of responses
• Personalized reports describing personality traits and patterns
• Access to results through unique test IDs and email delivery
• Dashboard for viewing assessment history and results

What We Are NOT

• We are not a medical or mental health service
• We do not provide clinical diagnoses or therapeutic interventions
• We are not a substitute for professional psychological evaluation
• We do not guarantee employment outcomes or hiring decisions

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into these Terms
• Provide accurate and complete information when requested
• Not be prohibited from using the Service under applicable law

Minors

If you are under 18 years of age, you may only use the Service with the involvement and consent of a parent or legal guardian. Educational institutions administering assessments to minors must obtain appropriate parental/guardian consent.

When Taking Assessments

You agree to:

• Answer Honestly: Provide truthful responses to assessment questions to ensure accurate results
• Complete Independently: Take assessments yourself without assistance or influence from others
• One Person Per Assessment: Not share or transfer your assessment session to another person
• Appropriate Environment: Take assessments in a suitable environment where you can focus
• Single Submission: Complete the assessment once; do not retake to manipulate results

Account Security

• Keep your test ID and access credentials confidential
• Notify us immediately if you believe your test ID has been compromised
• Accept responsibility for all activities that occur under your test ID

Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful purpose
• Attempt to reverse engineer, decompile, or extract assessment items or scoring algorithms
• Automate access to the Service using bots, scripts, or similar tools
• Share, publish, or distribute assessment items or materials
• Interfere with or disrupt the Service or servers
• Impersonate another person or provide false information
• Use the Service to discriminate against protected classes

Our Property

The Service, including all content, features, functionality, assessment items, scoring algorithms, interpretive text, and software, is owned by us and is protected by copyright, trademark, and other intellectual property laws.

Your License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal or authorized organizational purposes
• View and download your own assessment results
• Share your results with others at your discretion

Restrictions

You may NOT:

• Copy, modify, or create derivative works of assessment items or materials
• Reproduce, sell, or commercially exploit the Service or its content
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission
• Extract or compile assessment items for use in other assessments

User-Generated Content

Your assessment responses and personal data remain your property. By using the Service, you grant us a limited license to use your responses solely for:

• Scoring and generating your results
• Improving the Service (using anonymized, aggregated data)
• Psychometric research and validation (using de-identified data)

For Organizations Using Our Assessments

If you are an employer, recruiter, or organization using our assessments for employment purposes, you agree to:

Legal Compliance

• Comply with all applicable employment laws and regulations
• Use assessments in a manner consistent with equal employment opportunity laws
• Not use results as the sole basis for employment decisions
• Validate the use of assessments for your specific employment context
• Provide candidates with required notices about assessment use
• Maintain confidentiality of candidate results

Fair Use Standards

Organizations must:

• Use assessments consistently for all candidates in similar positions
• Combine assessment results with other selection methods
• Ensure assessments are job-related and validated for their purpose
• Provide reasonable accommodations for candidates with disabilities
• Not discriminate based on protected characteristics

Candidate Rights

Organizations must inform candidates that:

• They are taking a personality assessment
• Results will be shared with the organization
• How results will be used in the selection process
• Their rights regarding assessment results

For Test Takers in Employment Contexts

If you are taking an assessment at an employer's request:

• Understand that your results may be shared with the requesting organization
• Answer honestly to ensure results accurately represent you
• Know that you have rights regarding how results are used
• Consult with the organization regarding their specific policies

Free and Paid Services

Some assessments may be offered free of charge, while others may require payment. Pricing will be clearly disclosed before you begin a paid assessment.

Payment Terms

• All fees are in USD unless otherwise stated
• Payment is required before accessing paid assessments
• We use third-party payment processors; their terms also apply
• All sales are final once the assessment is accessed

Refund Policy

Due to the nature of digital assessments, refunds are generally not available once you have started an assessment. Exceptions may be made in cases of:

• Technical errors preventing assessment completion
• Duplicate charges
• Other exceptional circumstances at our discretion

To request a refund, contact us at support@myfivetest.com within 7 days of purchase.

You agree to indemnify, defend, and hold harmless our company, affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any employment or organizational decisions made based on assessment results
• Your provision of false or misleading information

The Service may contain links to third-party websites, services, or resources. We do not control or endorse these third parties and are not responsible for:

• The content, accuracy, or practices of third-party sites
• Your interactions with third parties
• Any damages or losses caused by third-party services

Your use of third-party services is governed by their own terms and policies. We recommend reviewing those terms before using any third-party service.

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

Your Right to Terminate

You may stop using the Service at any time. You can request deletion of your data as described in our Privacy Policy.

Our Right to Terminate

We may suspend or terminate your access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Technical or security reasons
• Discontinuation of the Service

Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your data in accordance with our data retention policies
• Provisions of these Terms that by their nature should survive termination shall remain in effect
• No refunds will be provided for any fees already paid

Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Terms Changes

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or prominent notice on the Service
• The changes will become effective 30 days after notification

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

Before initiating any formal legal action, you agree to first contact us at contact@myfivetest.com so we can try to resolve the issue informally. We will work in good faith to address your concern within a reasonable time.

These Terms and any disputes arising from or relating to the Service shall be governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas for the resolution of any such disputes.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

Severability

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

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/technology failures.

Interpretation

Section headings are for convenience only and do not affect interpretation. "Including" means "including but not limited to."

If you have questions about these Terms, please contact us: