Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Tier8 AI LLC, an Idaho limited liability company ("Tier8," "we," "us," or "our"), governing your access to and use of the website located at www.tier8.ai and all associated subdomains, as well as the RAISE™ AI maturity assessment platform and all related services, reports, deliverables, and features (collectively, the "Services").

If you are accessing or using the Services on behalf of a business, organization, or other legal entity ("Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms, and references to "you" and "your" include both you individually and that Organization.

If you do not agree to these Terms, you must not access or use the Services.

2. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice via email or a prominent notice on the website. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

3. Description of Services

Tier8 provides the RAISE™ platform, a proprietary AI maturity assessment product designed to help organizations evaluate their readiness to adopt, govern, and scale artificial intelligence across their operations. The Services include:

• Online assessment instruments administered to designated organizational respondents
• Multi-respondent scoring, aggregation, and analysis across defined pillars and maturity bands
• Automated delivery of assessment reports containing findings, scores, and recommended actions
• Optional debrief calls (no ongoing consulting services are provided under these Terms)
• Website content, documentation, and educational resources

The specific scope of Services available to you depends on the assessment package purchased. We reserve the right to modify, update, or discontinue any feature or aspect of the Services at any time, with reasonable notice where commercially practicable. We will not materially reduce core purchased functionality without notice.

4. Eligibility

The Services are intended for use by business professionals acting in a professional capacity on behalf of their organizations. By using the Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• Your use of the Services does not violate any applicable law or regulation
• If acting on behalf of an Organization, you have the authority to bind that Organization to these Terms

The Services are not directed to consumers acting in a personal, family, or household capacity and are not designed for use by individuals under the age of 18.

5. Accounts, Registration, and Access

5.1 Account Creation

Purchasing or accessing certain Services may require you to create an account or be granted access through a client account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at the contact address in Section 18 if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your credentials.

5.3 Assessment Participant Access

If you have been invited to participate in a RAISE assessment as a respondent on behalf of your Organization, your access is governed by both these Terms and any applicable order or purchase confirmation. Your Organization's account holder is responsible for ensuring that invited participants are authorized to complete assessments on behalf of the Organization.

6. Payment, Fees, and Refunds

6.1 Fees

Access to paid Services requires payment of the applicable fees as described at the time of purchase or as set forth in a separate order or agreement. All fees are stated in U.S. dollars unless otherwise specified. We reserve the right to change our pricing at any time; price changes will not affect assessments already purchased.

6.2 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge the applicable fees through Stripe. You agree to Stripe's terms of service in connection with payment processing. Tier8 does not store full payment card numbers.

6.3 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities in connection with your purchase, excluding taxes based on Tier8's net income. Where required by law, we will collect and remit applicable taxes.

6.4 Refund Policy

All sales are final. Due to the nature of our digital assessment services, we do not offer refunds once an assessment has been accessed or a report has been delivered. If you experience a technical issue that prevents you from completing your assessment, please contact us promptly and we will work in good faith to resolve the issue, which may include providing access to a replacement assessment at our discretion. Refund exceptions may be made on a case-by-case basis for documented billing errors. This policy reflects the immediate access to digital assessment content.

7. Intellectual Property Rights

7.1 Tier8 Ownership

Tier8 and its licensors own all right, title, and interest in and to the Services, including but not limited to:

• The RAISE™ assessment methodology, framework, scoring model, maturity bands, pillar definitions, and track architecture
• All assessment questions, guidance content, report templates, and written deliverables
• The Tier8 and RAISE names, logos, trademarks, and service marks
• The website and its design, structure, content, and underlying software
• All data models, algorithms, workflows, and automation logic

Nothing in these Terms transfers ownership of any Tier8 intellectual property to you. All rights not expressly granted herein are reserved by Tier8.

7.2 Limited License to Use the Services

Subject to your compliance with these Terms and timely payment of applicable fees, Tier8 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your Organization's internal business purposes during the applicable access period.

7.3 Your Reports and Deliverables

Assessment reports delivered to your Organization are licensed (not sold) to you for internal use. You may share reports within your Organization and with authorized advisors (such as legal counsel, consultants, or board members) under obligations of confidentiality. You may not:

• Publish, distribute, or make reports publicly available
• Resell, sublicense, or commercially exploit reports
• Use reports to develop competing products or services
• Remove or obscure any Tier8 branding, copyright notices, or attribution from reports

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Tier8 a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate that Feedback into the Services or other products without any obligation to you. Feedback does not include your Organization's assessment response data. Tier8 will not use Client Data to develop competing services specific to your Organization.

7.5 Aggregated and Benchmarking Data

Tier8 may use de-identified, aggregated data derived from assessments across all clients for benchmarking, product improvement, industry research, and marketing purposes (e.g., "Organizations in the financial services sector score an average of X in the Security & Risk pillar"). This data will not identify your Organization or any individual respondent. See our Privacy Policy for additional details. Such use will not include identifiable Client Data.

8. Client Data and Confidentiality

8.1 Your Data

As between you and Tier8, you retain ownership of the organizational and assessment response data you and your designated participants submit through the Services ("Client Data"). You grant Tier8 a limited license to process Client Data as necessary to provide the Services, generate reports, and fulfill our obligations under these Terms.

8.2 Confidentiality of Assessment Data

Tier8 treats Client Data as confidential. We will not disclose Client Data to third parties except as set forth in our Privacy Policy, as required by law, or as directed by you. Individual respondent answers will not be identified to your Organization without the respondent's consent; only aggregated, multi-respondent findings are included in organizational reports.

8.3 Your Confidentiality Obligations

You agree to maintain the confidentiality of any non-public information about Tier8's methodology, scoring models, report structures, pricing, or business practices that you access through the Services. This obligation survives termination of your access to the Services.

8.4 Data Accuracy

You are responsible for the accuracy and completeness of all information submitted through the Services, including the accuracy of organizational information and the qualifications of designated assessment participants. Tier8 is not responsible for the quality of outputs resulting from inaccurate or incomplete inputs.

9. Artificial Intelligence Disclosures

9.1 Current AI Use in Services

As of the Effective Date of these Terms, the RAISE assessment scoring and report generation process does not use generative artificial intelligence to produce your assessment results or report content. Scores are calculated using defined algorithmic formulas applied to your respondents' inputs. Report content is assembled from pre-authored guidance mapped to your score outputs. No generative AI system authors the substantive findings or recommendations in your report.

9.2 Future AI Features

Tier8 intends to incorporate AI-assisted features into future versions of RAISE and potentially other products. Any material changes to how AI is used in generating client-facing outputs will be:

• Disclosed in advance through an updated version of these Terms and our Privacy Policy
• Described at the point of purchase or access for affected Services
• Subject to any additional terms, disclosures, or consent requirements mandated by applicable law

Your continued use of the Services after such updates constitutes acceptance of any revised AI-related terms.

9.3 No Guarantee of AI Output Accuracy

To the extent any future version of the Services incorporates AI-generated content, Tier8 does not warrant that such content will be error-free, complete, or fit for any particular purpose. AI-generated content is provided as one input to professional decision-making and does not constitute legal, financial, regulatory compliance, or technical advice. You are responsible for independently evaluating any AI-generated outputs before relying on them.

9.4 Prohibited Uses Involving AI

You may not use the Services or any outputs from the Services to:

• Train, fine-tune, or otherwise develop competing AI systems or models
• Reverse-engineer Tier8's scoring methodology or AI features through systematic querying or output analysis
• Submit Tier8-generated report content as inputs to third-party AI systems in a manner that would violate Tier8's intellectual property rights

10. Acceptable Use

You agree not to use the Services in any manner that:

• Violates any applicable federal, state, local, or international law or regulation
• Is fraudulent, deceptive, or misleading
• Infringes the intellectual property rights of Tier8 or any third party
• Transmits malicious code, viruses, or other harmful software
• Attempts to gain unauthorized access to any portion of the Services or our systems
• Interferes with or disrupts the integrity or performance of the Services
• Scrapes, harvests, or systematically extracts data from the Services without authorization
• Impersonates any person or entity, or misrepresents your affiliation with any person or entity
• Uses the Services for any competitive intelligence purpose, including benchmarking Tier8's Services against competing products without our consent

We reserve the right to investigate and take appropriate legal action against any party that violates this section, including suspending or terminating access without refund and reporting such activity to appropriate law enforcement authorities.

11. Third-Party Services and Integrations

The Services may interface with or link to third-party websites, platforms, or services ("Third-Party Services"), such as payment processors, scheduling tools, survey platforms, and email providers. These Third-Party Services are governed by their own terms and privacy policies. Tier8 does not control Third-Party Services and is not responsible for their content, availability, security, or privacy practices.

Your use of Third-Party Services is at your own risk. We encourage you to review the terms and privacy policies of any Third-Party Services you access in connection with our Services.

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access or use the Services and continue until terminated in accordance with this Section.

12.2 Termination by You

You may stop using the Services at any time. If you wish to close your account, please contact us at the address in Section 18. Closing your account does not entitle you to a refund of any fees paid.

12.3 Termination by Tier8

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including for your violation of these Terms. We will provide reasonable notice where practicable, except that we may suspend access immediately and without notice where we reasonably believe there is a security risk, fraud, or ongoing harm to Tier8 or its users.

12.4 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Services; and (c) Tier8 may retain or delete your Client Data in accordance with our Privacy Policy and applicable law. Sections 7, 8.3, 9, 13, 14, 15, 16, 17, and any other provisions that by their nature should survive, will survive termination.

13. Disclaimers of Warranties

Assessment reports and advisory content provided through the Services reflect Tier8's proprietary framework and methodology as applied to the inputs provided. They do not constitute legal, regulatory compliance, financial, cybersecurity, employment, or other professional advice. You should consult qualified professionals before making material business decisions based on assessment findings.

14. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, Tier8's liability will be limited to the greatest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Tier8 AI LLC and its officers, directors, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of the Services in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property or other rights
• Any content or data you submit through the Services
• Any misrepresentation made by you in connection with the Services

Tier8 reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with Tier8 in asserting available defenses.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal claim, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") through good-faith negotiation. The party asserting the Dispute will provide written notice describing the claim and desired resolution. The parties will have thirty (30) days from receipt of such notice to attempt informal resolution before either party may pursue formal proceedings.

16.2 Governing Law

These Terms and any Dispute arising out of or related to them or the Services will be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles.

16.3 Venue

Any legal proceeding that is not subject to arbitration under Section 16.4 will be brought exclusively in the state or federal courts located in Ada County, Idaho. Each party irrevocably consents to the personal jurisdiction and venue of those courts.

16.4 Arbitration

Any Dispute not resolved through informal negotiation may be submitted to binding arbitration administered by [JAMS / AAA] under its applicable commercial arbitration rules. Arbitration will take place in Boise, Idaho, or via remote hearing. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees and costs, except as otherwise required by the arbitration rules.

Class Action Waiver: To the extent permitted by law, each party agrees that any Dispute will be resolved on an individual basis and not as a class, collective, or representative action.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form or service agreement, constitute the entire agreement between you and Tier8 with respect to the Services and supersede all prior and contemporaneous agreements, understandings, and representations.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

17.3 Waiver

No failure by Tier8 to enforce any right or provision of these Terms will constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Tier8 to be effective.

17.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without Tier8's prior written consent. Tier8 may assign these Terms or any of its rights or obligations without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms are binding on and inure to the benefit of the parties' permitted successors and assigns.

17.5 Notices

All notices from you to Tier8 under these Terms must be in writing and sent to the contact address in Section 18. We may provide notices to you via the email address associated with your account or through a prominent notice on the website.

17.6 Force Majeure

Tier8 will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, civil unrest, governmental action, internet or infrastructure outages, or actions of third-party service providers.

17.7 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Tier8. Neither party has authority to bind the other in any way.

17.8 Headings

Section headings are for convenience only and have no legal or contractual effect.