CARE 360 Terms of Service

In Good Company Collective, LLC Last updated: [DATE] DRAFT — For attorney review before publication. Bracketed items require a decision or confirmation before this is final.

1. Agreement to Terms

These Terms of Service ("Terms") govern access to and use of CARE 360, a leadership feedback 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 CARE 360.

2. Who This Is For

CARE 360 is a business tool intended for use by organizations to collect structured leadership feedback about their own personnel. 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

CARE 360 allows an account holder to create feedback Groups, add leaders being assessed, invite raters to complete anonymous surveys about those leaders, and generate AI-assisted feedback reports. The specific features available depend on your plan, as described at [ingoodcocollective.com/plans].

3.1 Free Trial

New accounts may begin on a free trial. Trial accounts are limited to one leader. IGC may modify trial terms, including the leader limit or trial length, at any time and without notice, for accounts not yet created. Existing trial accounts will not have their limits reduced without notice.

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 CARE 360 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. Feedback Data and Confidentiality

This section describes how CARE 360 handles the survey responses, comments, and scores collected through the platform ("Feedback Data"). It reflects a specific and deliberate design of the product, and it is central to why the platform works.

5.1 Rater Anonymity

Rater identities are never associated with their individual responses anywhere in the platform's user interface. Account holders can see whether a given rater has completed their survey; they cannot see what that rater said. This is by design and is not configurable.

5.2 Ownership of Feedback Data

As between IGC and Customer, Customer owns the Feedback Data collected through its account. IGC retains ownership of the underlying CARE 360 platform, including its questionnaire design, 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 Feedback Data

IGC does not access the content of Feedback Data, including individual scores, comments, or open-text responses, in the ordinary course of providing the Service. IGC's standard support and account management tools show only account-level metadata: the number of surveys, leaders, and completion rates. IGC will not access the substantive content of a Customer's Feedback 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 Feedback Data will be retained for [30/60/90] days to allow for reactivation, after which it will be permanently deleted from IGC's active systems. Customer may request an export of its Feedback Data before that period ends by contacting [SUPPORT EMAIL].

[NOTE FOR ATTORNEY / ABBIE: CARE 360's underlying database currently has no automated backup system in place as of this draft. That fact should inform whatever data-retention and data-loss language ultimately appears here, and should be resolved operationally, by enabling backups, before this section is finalized and published.]

6. Acceptable Use

You agree not to:

  • Use CARE 360 to collect feedback about anyone who has not been informed that a 360-degree feedback process is taking place;

  • Attempt to identify a rater from their responses, or ask IGC to assist in doing so;

  • Use the platform to harass, defame, or retaliate against any individual;

  • Reverse-engineer, decompile, or attempt to extract the platform's underlying methodology or source code;

  • Resell or provide access to CARE 360 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

CARE 360 uses a third-party artificial intelligence service to generate narrative sections of feedback reports based on the scores and comments submitted. This narrative is generated automatically and is not reviewed by a human before being included in a report. While designed to be accurate and constructive, AI-generated content may occasionally contain errors, and IGC does not warrant its accuracy. Reports are intended as a starting point for reflection and conversation, not as a definitive or clinical assessment.

8. Intellectual Property

The CARE 360 platform, including its name, the CARE framework, 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.

Custom questions added by a Customer to its own Group 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

CARE 360 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.

CARE 360 IS A DEVELOPMENTAL TOOL AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HUMAN RESOURCES, LEGAL, OR EMPLOYMENT ADVICE. DECISIONS REGARDING EMPLOYMENT, COMPENSATION, OR DISCIPLINE SHOULD NOT BE BASED SOLELY ON CARE 360 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 leader or rater arising from Customer's use of Feedback 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.

[DECISION NEEDED: arbitration clause or Arizona courts. Recommended default below assumes arbitration with a small-claims carve-out, standard for a company at this stage; confirm with attorney before finalizing.]

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 / CITY], 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 CARE 360 after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms can be directed to [info@ingoodcocollective.com].

This document is a working draft prepared for attorney review and is not a final legal agreement. Do not publish or rely on this version until reviewed by qualified legal counsel.