Terms of Service

1. These terms and who they bind

These terms apply to your use of the WattNext website, our free assessment tools, our website voice assistant and the ViVo Pulse interview application. They are between you and WattNext AI Inc.

By using the Services, you agree to these terms to the extent permitted by applicable law. If you do not agree, please do not use them. Acceptance of these terms is separate from any consent required for the processing of personal information.

2. If your organisation has a contract with us

If you or your organisation has entered into a separate written agreement with WattNext AI Inc, that agreement governs the paid services and prevails over these terms to the extent of any conflict. This includes any applicable data-processing agreement. Nothing here varies a signed agreement.

Participating in an interview does not, by itself, mean that you are entering a commercial agreement or accepting liability on behalf of your employer.

3. Definitions

We, us, our

WattNext AI Inc, the operating company based in Ontario, Canada.

Services

This website, the free assessment tools, the website voice assistant and the ViVo Pulse interview application.

ViVo Pulse

Our voice-led organisational diagnostic, including its assessment framework.

Content

Text, graphics, frameworks, software and other materials we make available through the Services. This definition does not transfer ownership of information you or a client provide.

4. Eligibility

The Services are intended for people aged 18 or over. If you enter into an agreement on behalf of an organisation, you must have authority to bind it. An employee taking part in an interview does not need authority to enter commercial agreements for the employer simply to participate.

5. The free tools

Our free tools include the Friction Calculator, Organisational Visibility Assessment, Leadership Archetype, Leadership Effectiveness, Scaling Readiness and Culture Health assessments.

Results are indicative estimates or profiles based on the information you provide and the methodology of the relevant tool. They may be incomplete or inaccurate and are provided for general information and reflection. They are not professional advice, validated predictions of individual performance or guarantees of business outcomes. Do not use them as the sole basis for a significant business or employment decision.

6. Interview participants

Keep your personal interview link or access code private. Do not use someone else’s invitation, impersonate another person or take an interview on their behalf.

Share your own experience honestly, without unnecessarily identifying other people or disclosing sensitive information. Do not share information you are not authorised to disclose. You can pause or end an interview at any time. Ending an interview does not automatically delete information already collected; privacy requests are handled under the Privacy Policy.

We take reasonable steps to protect participants’ confidentiality and focus routine client reporting on aggregated organisational findings. Interviews are not anonymous, and we cannot guarantee that participation will eliminate identification risks or employment consequences. Safety flags are not routinely shared with employers. Necessary, lawful disclosures may include a limited alert identifying someone who needs urgent support, without quoting the interview where that is sufficient. Safety, legal-advice and legal-claims disclosures are subject to section 4.5 of the Privacy Policy. These terms do not create a broader right to disclose interview information.

ViVo Pulse and the website voice assistant are not emergency services. If someone is in immediate danger, contact the appropriate local emergency service.

7. Acceptable use

When using the Services, please do not:

Attempt to gain unauthorised access to the Services or another person’s information. Reverse engineer or decompile software, or attempt to derive its source code, except where applicable law permits it. Interfere with operation of the Services or place unreasonable load on them. Extract information from the interview application or API by automated means without authorisation. Use the Services unlawfully, to impersonate someone, or to harass or harm others. Attempt to identify participants from aggregated diagnostic results or use those results as individual employee performance scores.

The restriction on automated access concerns the interview application and API. Access to public marketing pages by search and AI crawlers is addressed in our robots.txt.

8. Intellectual property

The Services and their Content are owned by or licensed to WattNext AI Inc. WattNext France is the IP licensing company. Relevant frameworks, methodology, software and branding remain the property of their respective owners.

You may access and use the Services for their intended purpose, subject to these terms and any applicable client agreement. No ownership of the underlying intellectual property is transferred to you.

Ownership and permitted use of commissioned reports and other client deliverables are governed by the client agreement. Nothing in this section grants unrestricted rights over interview responses or other personal information.

9. Feedback

If you voluntarily send suggestions specifically about improving the Services, you permit us to use those suggestions without an obligation to compensate you, unless we agree otherwise. If your suggestion contains confidential information, tell us before sharing it.

This permission does not apply to ViVo Pulse interview responses, assessment answers, confidential client information or personal information merely because they contain feedback. Those remain subject to the applicable privacy notice and client agreement.

10. Third-party services and links

The Services use components supplied by third parties and may link to external websites. External sites may have their own terms and privacy notices. We do not control their content or practices.

Our use of a service provider does not remove obligations we have under applicable law or our agreements, including obligations concerning personal information processed on our behalf.

11. Availability

We aim to keep the Services available but do not guarantee uninterrupted or error-free access. Maintenance, updates, faults or circumstances outside our reasonable control may affect availability.

Any service levels for paid services are set out in the applicable client agreement. These terms do not override those commitments.

12. Disclaimers

The Services support organisational understanding and human judgement. Reports, scores, profiles and action plans are informational and may contain errors or omissions. They are not legal, medical, financial or other regulated professional advice, and they do not guarantee a particular outcome.

ViVo Pulse evaluates organisational patterns, not individual employee performance. Its outputs should not be used as the sole basis for hiring, dismissal, disciplinary or other significant decisions about an individual.

To the extent permitted by applicable law and except as expressly agreed in writing, the Services are provided as available without additional warranties. Nothing in these terms excludes a warranty, condition or right that cannot lawfully be excluded.

The Services are not an emergency, clinical, safeguarding-monitoring or investigative service. Automated checks can miss concerns or flag them incorrectly. We do not undertake continuous monitoring or guarantee detection, real-time review, notification or intervention. Clients remain responsible for their own workplace safety, safeguarding, employment and legal obligations. This does not exclude duties we have under applicable law or an express written agreement.

13. Limitation of liability

Nothing in these terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be limited or excluded.

Subject to that qualification and any separate written agreement, to the extent permitted by applicable law we are not liable for indirect or consequential losses, including loss of profits, business opportunities or anticipated savings.

Subject to the same qualifications, our total liability arising out of or in connection with the Services covered by these terms is limited to the total fees paid to us for those Services in the twelve months before the event giving rise to the claim, or CAD $100 if no fees were paid. Liability for paid services governed by a separate written agreement is determined by that agreement.

The exclusions and aggregate cap in this section apply, to the extent permitted by applicable law, regardless of whether a claim is framed in contract, tort (including negligence), misrepresentation or otherwise. They do not override a separate written agreement or restrict any liability, remedy or personal-information right that cannot lawfully be limited. Nothing in these terms authorises an unlawful disclosure.

Nothing in this section removes mandatory consumer rights or prevents a complaint to a competent regulator.

14. Indemnity

If an organisation accepts these terms through an authorised representative, that organisation agrees, to the extent permitted by law, to reimburse reasonable losses and costs arising from a third-party claim caused by its unlawful use of the Services or material breach of these terms.

This does not apply to losses caused by WattNext’s own breach, negligence or misconduct. It does not make an individual employee liable for the employer’s conduct merely because the employee participates in an interview. Any indemnity in a separate written client agreement takes precedence.

15. Privacy

Our handling of personal information is described in the Privacy Policy and any notice presented for a particular activity.

For client-commissioned interviews, the responsible client is identified in the participant notice. Where GDPR applies and we act as a processor, the client is the controller and our processing is governed by the applicable data-processing agreement. Applicable Canadian privacy obligations also apply. The IP licensing role of WattNext France does not, by itself, make it the controller of participant information.

16. Changes

We may update these terms or the Services. The published terms will show their effective date. We will give appropriate notice of material changes and obtain acceptance where required by applicable law.

Changes apply prospectively and do not rewrite a signed client agreement or remove rights that have already arisen. An update to these terms does not constitute consent to a new use of personal information.

17. Suspension and termination

We may suspend or withdraw access where these terms are materially breached or where reasonably necessary to protect the Services, their users or comply with law. Where appropriate and practicable, we will explain the reason and any steps available to resolve the issue.

Paid-service suspension and termination are governed by the client agreement where one applies. Ending access does not remove privacy rights or automatically determine retention of information. Provisions that by their nature should continue after termination will continue.

18. Governing law and jurisdiction

Subject to mandatory applicable law and any separate written agreement, these terms and disputes arising from them are governed by the laws of Ontario and the federal laws of Canada applicable there. The courts of Ontario have jurisdiction over those disputes.

Nothing in this section deprives you of mandatory protections or access to courts or regulators available under applicable law, including mandatory protections in your place of residence.

19. General

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. A delay in enforcing a right does not waive it. Subject to section 2 and mandatory law, these terms and the documents they expressly incorporate form the agreement about the Services they cover. You may not transfer your rights or obligations under these terms without our written agreement, except where applicable law permits it. We may transfer ours to a successor of the relevant business, subject to applicable law and without reducing your mandatory rights. These terms are intended for the parties to them and do not grant contractual enforcement rights to unrelated third parties, except where applicable law provides otherwise.

20. Contact

WattNext AI Inc
49 Kelsey Crescent
Barrie, Ontario, L4N 0J5
Canada
Email: support@wattnext.ai