Terms of Service

These Terms of Service (“Terms”) are an agreement between you and LIFT Consulting, LLC (“LIFT,” “we,” “us”). They cover your use of our website at liftfactor.co (the “Website”) and the LIFT Factor application at app.liftfactor.co and related services (the “Service”).

By using the Website, creating an account, or using the Service, you agree to these Terms. If you’re using the Service for an organization, you’re agreeing on its behalf and confirm you have authority to do so; “you” then means that organization. If your organization has signed a separate agreement or order form with LIFT, that agreement controls where it conflicts with these Terms.

Our Privacy Policy explains how we handle personal information and is part of these Terms.

1. Using the Website

The Website is provided for information about LIFT Factor. You may browse it and request a demo. Please don’t misuse it — for example, by submitting false information, sending automated or bulk form submissions, trying to access areas not meant for the public, or interfering with how it works.

2. Accounts

• Keep your account information accurate and your sign-in credentials secure.
• You’re responsible for activity under your account. Tell us promptly at hello@liftconsultinghq.com if you suspect unauthorized use.
• Organization administrators control who has access and what they can see, and are responsible for their users’ compliance with these Terms.

3. Subscriptions, fees, and payment

• Paid plans are billed in advance for the subscription period you choose, through our payment processor, Stripe. Fees are based on the plan, modules, and number of users you select.
• Subscriptions renew automatically for the same period unless you cancel before the renewal date. You can cancel at any time; cancellation takes effect at the end of the current period.
• Fees are non-refundable except where the law requires a refund or we agree otherwise in writing.
• Prices exclude taxes, which you’re responsible for (other than taxes on LIFT’s income).
• We may change prices for future periods with at least 30 days’ notice. If a payment fails and isn’t fixed after we notify you, we may suspend the Service until it’s resolved.

4. Your data

• You own your data. Information your organization puts into the Service — about employees, candidates, and teams — is “Customer Data,” and it remains yours.
• Our permission to use it: you give LIFT permission to host, process, and display Customer Data only as needed to provide, secure, and support the Service, and as described in the Privacy Policy. We may use aggregated, de-identified information that doesn’t identify you or any person to operate and improve our products.
• Your responsibilities: you’re responsible for having the right to put Customer Data into the Service, and for giving any notices and getting any consents that employment, privacy, and other laws require — for example, telling employees and candidates how their information is used, and complying with rules on background checks, recordings, and automated decision-making that apply to you.
• Exporting your data: you can export Customer Data while your subscription is active, and for 30 days after it ends by asking us.

5. AI features

• The Service uses artificial intelligence to generate plans, content, role-play conversations, summaries, scores, and suggestions (“AI Output”). AI Output can be inaccurate, incomplete, or biased, and you should review it before relying on it.
• AI Output is not legal, HR, medical, or other professional advice. Decisions about hiring, promotion, pay, discipline, or termination are yours, should be made by people, and must comply with applicable laws, including anti-discrimination laws. Don’t use the Service to make those decisions solely by automated means.
• As between you and LIFT, you may use AI Output generated for you in your business.

6. Acceptable use

You agree not to, and not to let anyone else:

• use the Service in violation of any law, or to discriminate against, harass, or harm anyone;
• upload information you don’t have the right to share, or malicious code;
• try to gain unauthorized access to the Service, other accounts, or our systems, or probe or test their security without our written permission;
• copy, resell, or reverse engineer the Service, or use it to build a competing product;
• scrape the Service or overload it with automated requests; or
• share your credentials or let people outside your organization use your account.

7. LIFT’s property

LIFT owns the Website, the Service, and all related software, content, training materials, frameworks, and trademarks, except for Customer Data. Your subscription gives your organization a limited, non-exclusive, non-transferable right to use the Service for its internal business purposes during the subscription. If you send us feedback or ideas, we may use them without obligation to you.

8. Third-party services

The Service may connect to third-party services you choose to use, such as Microsoft 365 or Google sign-in. Your use of those services is governed by their terms, and we’re not responsible for them. If you connect one, you authorize us to exchange data with it as needed for the connected feature.

9. Confidentiality

Each of us may share non-public business information with the other. The receiving party will use it only for the purposes of these Terms and protect it with at least reasonable care, and won’t disclose it except to people who need to know it and are bound to keep it confidential, or as required by law.

10. Disclaimers

We work hard to keep the Service reliable and useful, but the Website and Service are provided “as is” and “as available.” To the extent the law allows, LIFT disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not promise that the Service will be uninterrupted or error-free or that it will produce any particular business results.

11. Limitation of liability

To the extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility; and (b) each party’s total liability arising out of these Terms is limited to the fees you paid LIFT for the Service in the 12 months before the event giving rise to the claim. These limits don’t apply to your payment obligations, to either party’s indemnification obligations, or to liability that can’t be limited by law.

12. Indemnification

You’ll defend and indemnify LIFT against third-party claims arising from Customer Data, your use of the Service in violation of these Terms or the law, or employment decisions you make. LIFT will defend and indemnify you against third-party claims that the Service, as provided by LIFT, infringes their intellectual property rights. The party seeking indemnity must notify the other promptly and reasonably cooperate.

13. Suspension and termination

• You may stop using the Service and cancel your subscription at any time, as described in section 3.
• We may suspend or end access if you materially breach these Terms and don’t fix the breach within 15 days of notice, or immediately if needed to prevent harm to the Service, other customers, or anyone else.
• When a subscription ends, your right to use the Service stops. Sections 4 (export and responsibilities), 7, and 9–15 continue to apply.

14. Governing law and disputes

These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Dane County, Wisconsin, and both parties consent to those courts’ jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.

15. General

• Changes: we may update these Terms. We’ll post the new version here with a new effective date, and for significant changes we’ll notify customers at least 30 days in advance. Continuing to use the Service after changes take effect means you accept them.
• Entire agreement: these Terms (with any signed agreement or order form and the Privacy Policy) are the whole agreement between us about the Website and Service.
• Assignment: neither party may transfer these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all related assets.
• Events beyond our control: neither party is responsible for delays caused by events outside its reasonable control (other than payment obligations).
• Severability and waiver: if any part of these Terms is unenforceable, the rest still applies. Not enforcing a right isn’t a waiver of it.
• Notices: we’ll send notices to your account email; send notices to us at hello@liftconsultinghq.com.

16. Contact us

LIFT Consulting, LLC
434 S Yellowstone Dr #102, Madison, WI 53717
hello@liftconsultinghq.com