Terms of Use

Effective Date: 02/10/2026. Last Updated: 02/10/2026.

Welcome to the ALIGNMETRIX website, mobile applications (iOS and Android), and web-based enterprise platform (collectively, the “Platform”). The Platform is owned and operated by Evoke Vital Wellness LLC (DBA “ALIGNMETRIX”) (“we,” “us,” or “our”). The Platform provides proprietary assessment tools, analytics, and reporting systems designed for use by organizations, practitioners, and authorized individual users. The Platform, its assessments, reports, analytics, and insights are generated solely from self-reported user inputs and are intended to provide general, non-diagnostic, observational, and informational outputs related to employee engagement, burnout, and workplace wellbeing. We invite you to access and use the Platform subject to the following Terms of Use, which may be updated from time to time. It is your responsibility to review these Terms periodically.

By accessing and using the Platform, you agree to these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to services and features available through the Platform. By using the Platform, you represent that you are at least 18 years old and legally able to enter into a binding contract.

Please read the following Terms of Use carefully. By browsing, accessing, or using our Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and ALIGNMETRIX.

If you purchase or subscribe to any services through the Platform, you agree to these Terms of Use and any additional pricing, billing, or subscription terms presented to you at the time of purchase. In the event of a conflict, the terms presented at checkout or within your account settings will control.

Access to certain features of the Platform requires creating an account. Accounts may be created by individual users or through enterprise organizations. Enterprise accounts may include administrators, practitioners, and other authorized users. Access levels and permissions vary by role.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Enterprise organizations are responsible for managing user access, permissions, and authorized use by their administrators, practitioners, employees, and other users. Organizations are liable for all activity conducted under their enterprise account and for ensuring that users comply with these Terms.

We reserve the right to suspend or terminate accounts that violate these Terms or misuse the Platform.

Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.

In our sole discretion, we reserve the right to refuse service, remove or edit content, and restrict, suspend or terminate accounts.

You hereby acknowledge and agree that these Terms of Use are supported by reasonable, adequate, and valuable consideration including, but not limited to, your access to the information and resources provided through this Platform.

Users may access and use this Platform for lawful purposes only. By accessing this Platform, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, proprietary, or privacy rights of any entity or individual, including personal data belonging to another person such as their email address, telephone number, credit card information, postal address, or other sensitive data.

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.

You agree not to access this Platform to carry out commercial activity or transmit spam.

You agree not to use any robot, scraper, or spider to access this Platform.

You agree not to interfere with advertisements or safety features on this Platform in any way, including blocking or obscuring such advertisements or safety features.

You acknowledge and agree that ALIGNMETRIX, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

Our Platform does not include public forums, messaging features, or community discussion areas. Any submissions are limited to information voluntarily provided by users in connection with their use of the Platform, including feedback, support inquiries, assessment-related inputs, and other information necessary to access or use Platform features.

You agree not to submit any content or information that is unlawful, threatening, defamatory, obscene, or otherwise inappropriate, or that infringes upon the intellectual property, privacy, or other rights of any third party. You may not submit spam, mass solicitations, chain letters, political material, or commercial advertising through the Platform. You may not submit information containing software viruses, malicious code, or any other harmful components.

Information submitted through the Platform, including assessment responses, enterprise data, and feedback, is governed exclusively by our Privacy Policy. Nothing in this section is intended to alter, expand, or reduce the data handling, confidentiality, or security practices described in the Privacy Policy.

Submission of information through the Platform does not create a confidential, fiduciary, or special relationship between you and ALIGNMETRIX beyond the rights and obligations expressly described in these Terms and the Privacy Policy.

All content, materials, and functionality available through the Platform are owned by or licensed to ALIGNMETRIX and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws. This includes, without limitation, all assessment content, questions, prompts, methodologies, frameworks, scoring models, algorithms, formulas, weighting systems, reports, analytics, dashboards, insights, outputs, visualizations, and any related documentation or explanatory materials generated through or displayed on the Platform (collectively, the “Platform Content”). The structure, sequence, organization, and design of the assessments and reporting systems constitute proprietary trade secret information of ALIGNMETRIX.

The Platform Content reflects proprietary research, development, and intellectual capital and constitutes valuable confidential and trade secret information of ALIGNMETRIX. Except as expressly permitted by these Terms, no right, title, or interest in or to the Platform Content is transferred to you.

Subject to your compliance with these Terms, ALIGNMETRIX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license that automatically terminates upon violation of these Terms to access and use the Platform Content solely for authorized internal assessment use through the Platform and for no other purpose in connection with your authorized use of the Platform.

You may not copy, reproduce, modify, distribute, display, publish, create derivative works from, reverse engineer, decompile, scrape, extract, resell, sublicense, or otherwise commercially exploit any portion of the Platform or Platform Content, including assessment results or analytics, without the prior express written consent of ALIGNMETRIX.

You expressly agree not to use the Platform or Platform Content to:

• Reverse engineer, decompile, disassemble, analyze, test, or map how the assessments, scoring models, algorithms, or reporting systems function;
• Replicate, recreate, adapt, design, develop, or assist in the development of any assessment, evaluation, analytics, or reporting tool, system, framework, or methodology derived from or informed by, or learned through your use of the Platform or Platform Content;
• Download, export, copy, or otherwise extract assessment data, reports, or results for the purpose of creating, training, developing, benchmarking, or improving any assessment, analytics, or reporting tool, system, or methodology outside of the Platform;
• Use any exported or downloaded data, reports, or outputs in a manner that attempts to reverse engineer, replicate, or derive the underlying assessments, scoring models, algorithms, or methodologies of the Platform;
• Train artificial intelligence or machine learning models using any Platform Content, assessment materials, reports, or outputs;
• Conduct benchmarking, data mining, or large-scale extraction of assessment data or results;
• Circumvent access controls, role-based permissions, or usage limits;
• Share, disclose, reproduce, or make available assessment content, methodology, or results to unauthorized third parties.

Any unauthorized use of the Platform Content may result in immediate termination of your access and may subject you to legal action.

Users retain ownership of their own original content and information submitted through the Platform, including assessment responses and feedback. However, by submitting information through the Platform, you grant ALIGNMETRIX a limited, non-exclusive, royalty-free right to use such information solely as necessary to operate, maintain, analyze, improve, and provide the Platform and its features, in accordance with our Privacy Policy.

If you submit feedback, suggestions, or recommendations regarding the Platform, you grant ALIGNMETRIX a perpetual, irrevocable, royalty-free right to use such feedback for any lawful purpose, including improving or enhancing the Platform, without obligation or compensation to you.

If you violate this section, you must immediately cease all unauthorized use of the Platform Content and destroy any copies in your possession or control. ALIGNMETRIX reserves the right to suspend or terminate access and pursue any remedies available at law or in equity for infringement or misuse of its intellectual property.

In compliance with the Digital Millennium Copyright Act, we will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law.

To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to:

EVOKE Vital Wellness, LLC
777 Brickell Ave
Suite 500 PMB 1087
Miami, FL 33131

The Platform, its assessments, reports, analytics, and insights are intended to provide general, non-diagnostic, observational and informational outputs derived from self-reported user inputs. They are not intended to diagnose, treat, cure, or prevent any medical, psychological, or mental health condition and should not be relied upon as professional advice.

All assessment results, analytics, reports, and insights generated through the Platform constitute general, non-diagnostic, observational, and informational outputs derived from self-reported user inputs and do not constitute medical, psychological, therapeutic, human resources, employment, legal, or compliance advice.

Organizations, practitioners, administrators, and users are solely responsible for how they interpret and use assessment results. The Platform is not intended to be used, and must not be used as a determinative basis for:

• hiring, termination, promotion, discipline, or compensation decisions;
• medical, psychological, or mental health diagnoses or treatment;
• determining an individual's fitness for work or workplace accommodations;
• compliance with employment, labor, disability, health, or workplace laws, including the Americans with Disabilities Act (ADA) or HIPAA.

The Platform does not collect or maintain protected health information (PHI) and is not a medical, clinical, diagnostic, or employment screening tool.

You acknowledge and agree that any decisions made based on information obtained through the Platform are made at your own discretion and risk, and ALIGNMETRIX shall have no liability arising from how assessment information is used, interpreted, or relied upon by any organization, practitioner, or user.

By accessing and using our Platform, you acknowledge, understand, and agree that ALIGNMETRIX makes no representations, warranties, or guarantees regarding the function or condition of our Platform including any features or links.

We do not guarantee uninterrupted access, real-time reporting, or error-free analytics, and you acknowledge that temporary interruptions, delays, or inaccuracies may occur. You understand and agree that ALIGNMETRIX shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of our Platform.

The Platform does not use identifiable personal data or individual assessment responses to train artificial intelligence or machine learning models. We do not permit reverse engineering, automated extraction, or profiling of assessment content or results. Any automated or computational tools used within the Platform operate solely to support the generation of general, non-diagnostic, observational, and informational outputs derived from self-reported user inputs and are not used to make legal, medical, employment, or similarly significant determinations.

Nothing in this section limits ALIGNMETRIX's ability to use aggregated, anonymized, or de-identified data derived from Platform usage, assessments, or system interactions for analytics, research, visualization, demonstration of assessment insights, or platform improvement, provided such use does not identify or profile individual users.

Some of the links on our Platform may be affiliate links controlled by third-parties or links to products and services for which ALIGNMETRIX earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link on our Platform. By clicking on an affiliate link on our Platform, or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.

The Platform offers subscription-based services, including free and paid plans for individual users, as well as enterprise subscriptions that may be billed on a per-seat, per-user, or organizational basis. Certain features or services may require payment in order to access or continue using the Platform.

Pricing, billing cycles, renewal terms, cancellation rules, and any applicable limitations are disclosed at the time of purchase or within your account settings and may vary by plan. By purchasing or subscribing to any paid services, you agree to pay all applicable fees and taxes associated with your selected plan.

Payments for subscriptions and services may be processed through third-party payment providers, including app store platforms or other authorized payment processors. We do not store or process payment card information directly. You agree to comply with any applicable third-party payment terms when completing a transaction through the Platform.

Subscriptions automatically renew unless canceled in accordance with the instructions provided at the time of purchase or through your account settings. You may cancel a subscription at any time; however, cancellation does not entitle you to a refund for any unused portion of the subscription term, and access will continue through the end of the applicable billing period.

Enterprise subscriptions may be subject to additional contractual terms agreed upon between the organization and ALIGNMETRIX, including billing structure, renewal periods, and access management. Unless otherwise expressly stated in writing, enterprise fees are non-refundable.

We reserve the right to change pricing, subscription plans, or features at any time. Any changes will apply prospectively and will not affect fees already paid for a current subscription term.

Our Platform is based in the United States. If you access or use our Platform, you do so at your own risk. We make no claims as to whether our Platform or content may be accessed, used, viewed, or downloaded outside of the United States.

OUR PLATFORM AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THE PLATFORM, EXCEPT AS REQUIRED BY LAW. YOU USE THE PLATFORM AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALIGNMETRIX DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALIGNMETRIX DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, ALIGNMETRIX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THE PLATFORM.

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT CONTAINED ON THE PLATFORM. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF ALIGNMETRIX WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO YOUR CLAIM.

BY ACCESSING AND USING OUR PLATFORM, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALIGNMETRIX FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THE PLATFORM OR OUR CONTENT. THIS INCLUDES CLAIMS ARISING FROM HOW AN ORGANIZATION OR PRACTITIONER, OR USER USES, INTERPRETS, OR RELIES UPON ASSESSMENT RESULTS.

Any violation of these Terms, misuse of the Platform, or conduct that interferes with the integrity, security, or operation of the Platform may result in immediate suspension or termination of your access to the Platform and/or appropriate legal action. In our sole discretion, we may, for any reason, limit, restrict, suspend, or terminate your access to the Platform without prior notice or liability. The provisions relating to intellectual property, restrictions on use, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.

Individual users may stop using the Platform at any time by discontinuing access and, where applicable, deleting their account through the account settings. For more information, see our Account Deletion & Data Removal Policy.

Enterprise organizations may terminate their use of the Platform by providing written notice to ALIGNMETRIX and managing user access through their administrative controls.

Termination of access does not automatically result in deletion of data. Data retention and deletion are governed by our Privacy Policy and any applicable enterprise agreements.

Any outstanding payment obligations incurred prior to termination remain due.

ALIGNMETRIX reserves the right to monitor usage patterns to ensure compliance with these Terms and to investigate suspected misuse, unauthorized access, or activity inconsistent with legitimate assessment use.

These Terms of Use and any dispute, claim, or controversy arising out of or relating to your access to or use of the Platform, the Platform Content, or any services provided through the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

If a dispute, claim, or controversy arises out of or relating to these Terms, the Platform, or your use of the Platform, the parties agree to first attempt to resolve the dispute through good-faith informal discussions.

If the dispute is not resolved through informal discussions, the parties agree to attempt to resolve the dispute through mediation conducted in the State of Florida, using a mutually agreed-upon mediator. Each party shall bear its own attorneys' fees, and the parties shall share the costs of mediation equally.

If mediation does not resolve the dispute, any remaining dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration shall take place in the State of Florida, unless the parties agree otherwise.

The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision. To the fullest extent permitted by law, the parties knowingly and voluntarily waive any right to a trial by jury in connection with any dispute arising out of or relating to these Terms or the Platform. To the fullest extent permitted by law, you agree that any dispute will be resolved on an individual basis only, and you waive any right to participate in a class, collective, or representative action.

Notwithstanding the foregoing, ALIGNMETRIX may seek injunctive or equitable relief in any court of competent jurisdiction for claims relating to misuse of the Platform, violation of intellectual property rights, or unauthorized use of Platform Content.

Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.

The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.

If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

This Agreement supersedes any prior agreement, communication, or representations between you and ALIGNMETRIX and constitute a complete and final agreement regarding your use of our Platform.