Terms & Conditions of Sale

00. Who these terms are between

These Terms & Conditions of Sale ("Terms") govern the supply of the Workplace Diagnostic ("the Diagnostic") by:

[My Work Here Is _ — full legal / trading entity name], [sole trader / registered business name / limited company] of [registered or principal business address, Dublin, Ireland], [registration number: _____] [VAT number: _____] ("we", "us", "the Practice"),

to the organisation purchasing it ("you", "the Client", "the Commissioner"). By completing checkout and, where shown, ticking the box to accept these Terms, the individual purchasing confirms they are authorised to bind the organisation named at checkout, and that organisation accepts these Terms.

These Terms apply to business customers only. The Diagnostic is sold to organisations for use in their trade or profession; it is not a consumer product, and consumer cancellation rights (including the statutory cooling-off period) do not apply.

The version that applies to your order is the version identified at the top of this document as published at the time you accepted it (§13).

11. What the Diagnostic is

The Diagnostic is a two-stage assessment of how your organisation now operates against how your workplace was built to support it, delivered as a scored gap-analysis report and a live debrief. Depending on the tier purchased, it comprises some or all of:

• a context intake completed by you;
• a leader survey of your leadership group;
• an employee survey (Team / Function and Organisation tiers), run anonymously — see §6;
• a scored assessment of your organisation across the methodology's domains and execution layers, an overall Responsiveness Score, and — where the employee survey is included — a measurement of the gap between leader and employee views;
• an interpretive reading of those results, which may name one or more of the methodology's recognised patterns (see §3a — a report may correctly name no pattern);
• a written report prepared and approved by a named practitioner; and
• a 60-minute debrief with that named practitioner, which you self-schedule (§8a).

The methodology, question sets, scoring model, report structure, and benchmark are described in the product materials and are our intellectual property (§9).

Tiers and scope

The Diagnostic is sold in tiers. The scope, participant limits, and price of each tier are those displayed at the point of sale at checkout. As at the date of this draft the tiers are:

(Prices are indicative and subject to change; the price that applies to your order is the one shown at checkout. Enterprise and all Continuous subscriptions are sold by separate written agreement, not self-serve checkout.)

A Leader Survey may be upgraded to a higher tier before scoring; the upgrade charge is the difference between the tiers, as shown at checkout.

Participant limits are invitation ceilings, not response guarantees. We do not control how many of the people you invite choose to respond (§3, §12).

1a. The Continuous subscription

Where you enter a Continuous subscription agreement with us:

• The subscription comprises the number of diagnostic waves per year stated in your agreement (typically two), each delivered as a full diagnostic at the agreed tier, plus the loop services: a named practitioner across waves, the per-wave debrief, the closure message (a practitioner-drafted, commissioner-approved message to everyone invited to the survey — see §5 for the data-handling terms), and the wave-over-wave trend reporting.
• Wave-one credit. If you purchased a one-off Diagnostic and enter a Continuous subscription within 90 days of your report's release, the price you paid for that Diagnostic is credited against your first subscription year, and that Diagnostic counts as your first wave.
• Renewal price protection. Your per-year subscription price does not increase while the subscription remains continuously in force, except as stated in your agreement.
• Term and cancellation are as stated in your agreement.

Where your subscription agreement and these Terms conflict, your subscription agreement prevails on the matters it addresses.

22. Ordering and payment

• Orders are placed through our hosted checkout, operated by Stripe. Your order is accepted, and the contract formed, when payment is confirmed and we send your activation email. We may decline or cancel an order before that point.
• Payment is due in full at checkout. We do not begin the assessment work until payment is confirmed.
• Price and currency. Prices are in euro (€) and are exclusive of VAT (ruled 2026-07-20); VAT is charged where applicable at the prevailing rate and shown at checkout before payment.
• Payment processing. Card details are handled entirely by Stripe under Stripe's own terms; we do not receive or store your card details. Stripe processes your purchaser name and email as described in the privacy notices and the sub-processor list.
• Invoiced sales. Enterprise and Continuous engagements are invoiced under the written agreement. Payment terms, and any interest on late payment, are as stated in that agreement.

33. Delivering the Diagnostic

• Activation. After payment you receive an activation link by email that opens your commissioner hub, where you complete the context intake and set up the survey window(s).
• Your inputs drive the timeline. The Diagnostic proceeds as you complete the intake, invite participants, and open and close the survey windows. There is no fixed delivery date; timing depends on your inputs and, for the debrief, on the practitioner's availability.
• Scoring runs once the required survey window(s) are closed and the context intake is submitted. The practitioner then reviews the output, prepares and approves the report, and releases it to you.
• The debrief. Once the report is released, you (or a leader you designate) book the 60-minute debrief with the named practitioner via the scheduling link provided, within the window in §8a. (Booking is operated via Brevo Meetings — an EU (France) scheduling tool, as listed in the sub-processor list.)
• Named practitioner. Your Diagnostic is prepared and debriefed by a named practitioner. We may substitute an equally qualified practitioner where necessary; we will tell you if we do.
• Participation is not guaranteed by us. The quality and completeness of the report depend on how many of your invited leaders and employees respond. Where too few employees answer a question to meet the anonymity floor (§6), that result is withheld rather than shown — this is the anonymity protection working, not a defect. Where participation is low overall, the report may legitimately name no recognised pattern and may carry fewer findings (§3a).

3a. The methodology, question set and scoring model may change

The Diagnostic is an evolving instrument. We may change the question set, the scoring model, the thresholds and bands, and the report structure between engagements and between waves.

• Your Diagnostic is scored on the version current when it was purchased. The question set that applies to a Diagnostic is fixed at purchase and does not change under it.
• A later wave may be scored on a later version. Where you commission a repeat wave (§6b) and the instrument has moved on, the comparison we present will be limited to the parts that remain genuinely comparable, and we will say where it is not.
• The scores are provisional in an important sense. The thresholds and bands that turn your raw results into scores, colours and bands are provisional pending calibration against a wider dataset (§7). Recalibration may change where a given set of answers falls. Your released report is a point-in-time record and is not restated when the model moves.
• A report may name no pattern. The report names a recognised pattern only where there is enough evidence to support it. Naming none is a valid and intended outcome, not a fault or an incomplete delivery.

44. Your responsibilities

You agree that:

• the individual who purchases is authorised to commit your organisation;
• the organisation name and details you provide are accurate, and you will keep your account contact current;
• you have a lawful basis and the authority to invite the leaders and employees whose email addresses you provide, and to have their workplace experience assessed — you are the data controller for that personal data (§5);
• the information you give us for the participant notice is accurate, and that notice reflects your own processing. We serve the notice for you: every leader and employee we invite is given a link to it in their invitation and shown it on the survey page itself, before they answer. You remain responsible as controller for the information being correct and for any further notice your own processing requires; you do not have to distribute ours. (The notice we serve covers the Diagnostic. Where it needs a detail only you hold — your data-protection contact, and the lawful basis you rely on — it directs participants to you until you supply it. It is the notice linked from every invitation and shown on the survey page; we will provide the current wording on request.)
• you will invite to the employee survey only your own people within the scope you set, one address per person, and will not invite addresses you control, share, or hold on someone else's behalf. The anonymity floor (§6) protects each respondent only if the others in their group are real, separate people; inviting addresses you can answer from would let you work out a colleague's answers by subtraction.
• you will use the invitation and survey links as intended and will not attempt to identify individual employee respondents, circumvent the anonymity floor (§6) or the segment suppression rules (§6a), or probe, penetration-test, or otherwise interfere with the underlying systems (see §6 — this is a specification of the Diagnostic, not only a restriction: attempting it damages your own result); and
• you will use the report and its contents within your organisation for your own workplace decisions, consistent with the licence in §9.

55. Data protection

• Roles. For the personal data of your leaders and employees processed through the Diagnostic, you are the data controller and we are your processor. That processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference and which you accept alongside them. Where the DPA and these Terms conflict on a data-protection matter, the DPA prevails.
• Privacy notices. How personal data is handled is described in the notices for employees, leaders, and commissioners. We deliver the participant notices ourselves — linked from every invitation and shown on the survey page before anyone answers — so that they reach the people they concern rather than depending on internal distribution. You remain the controller and remain responsible for their accuracy and for anything your own processing requires beyond them (§4).
• Sub-processors. We use the sub-processors listed in Annex 3 of the DPA, which is the contractual list. All employee-data processing sits within the EU, with a single sub-processor on that boundary. We will give notice of any change to the sub-processor list as provided in the DPA.
• Data residency. All employee data — survey responses, free-text comments, scored output and report content — is held on EU-based infrastructure (France) and is not transferred outside the EU for the Diagnostic's operation. (The payment processor processes commissioner contact and billing data outside the EU under its own transfer safeguards — see the sub-processor list.)
• Employee invitation email addresses — retention. Employee invitation addresses are held only to deliver the survey invitation and reminders, and are deleted when the survey window closes. They are never linked to any survey response. Exception — Continuous subscriptions (the closure message): where your written agreement includes the closure message (§1a), invitation addresses are instead retained solely to deliver one practitioner-reviewed, commissioner-approved closure message to everyone who was invited, and are deleted once that message has been delivered — and at the latest 72 hours after it is sent — or 90 days after the survey window closes if it has not been sent, whichever comes first. The period after sending exists only so that a message refused by a receiving mail server can be sent again; it is enforced in the system and verifiable in its compliance checks. The retained addresses remain unlinked to responses throughout; the closure message contains no tracking and no individual content. If the 90 days expire before the message is sent, the employee send is forfeit — we will not extend the retention to allow it.

5a. Automated processing, and the practitioner's approval

Scoring is performed by an automated model. It produces results about your organisation and about groups within it — never a decision, score, profile or assessment about an identified individual. No employee is scored, ranked or evaluated individually, and no result about an individual is produced or could be produced (§6).

No report is released to you automatically. Every report is reviewed, completed and approved by a named practitioner before release. Free-text comments are reviewed before any is quoted (§6).

We do not use your data, your responses, or your report to train any machine learning or generative AI system, and no such system is used in the Diagnostic.

5b. Retention of your own data

• Your report, context intake, leader responses and scored output are retained for the duration of the engagement and thereafter for seven years, so that we can evidence what was delivered, support a repeat wave (§6b), and meet our own legal and accounting obligations. One period covers all four, so there is a single date to ask us about rather than four.
• Employee free-text comments are deleted within ninety days of the first report, and are cleared sooner where the practitioner has finished with them. They are held for that period so that a revised report can be corrected against what the respondent actually wrote rather than against an earlier edit of it. The practitioner's review decisions, and any comment approved for quotation in the report, survive that deletion by design. (This period is measured from the first report; a reissue does not extend it. It is not the ninety days in §5 above, which is an invitation address measured from window close.)
• Employee invitation addresses are deleted as set out in §5.
• De-identified aggregate results are retained separately for benchmarking and calibration as set out in §7, on their own retention basis.
• You may ask us to delete your data earlier; we will do so except where we are required to retain it, and we will tell you what we have kept and why.

66. Employee anonymity — what you can and cannot receive

Why this section is here. Anonymity is not a limitation placed on what you bought — it is what makes what you bought work. People who believe their answers can be attributed to them answer a different question: results drift to the safe middle and written comments largely stop. The guarantees below are the reason your results are worth acting on, and they are fixed for that reason. A diagnostic in which you could see individual responses would not tell you more; it would tell you less, and less reliably.

Where your tier includes the employee survey:

• Employee responses are anonymous. They are stored with no information that identifies the respondent, and there is no retained link between a respondent and their answers. As the employee-facing notice states: your individual responses will not be shared with your employer.
• You receive results in aggregate only, subject to a minimum group-size floor (n ≥ 5) enforced in the system at the data layer. Below that floor, a result is withheld, not shown.
• You will not receive, and cannot request, individual employee responses — they do not exist in a retrievable form. This is a structural property of the product, not a policy we may waive. It applies equally to us: we cannot produce them either.
• Free-text comments, where surfaced, are reviewed by the practitioner before any is quoted, and identifying content is removed or the comment withheld.

You agree not to require, request, or attempt to derive individual employee responses, and you accept that the anonymity floor may cause some results to be withheld. We cannot waive any of this at your request or our own — not as a matter of policy, but because the guarantees are built into the system and because waiving them would invalidate your own results.

6a. Segmented reporting

Where your engagement includes the employee survey, the report can break the employee results down by reporting unit — by team or function, and by location.

• You define the units, before the employee survey opens. No unit can be added once it has opened, because each employee is told when they are invited whether their results may be grouped.
• Each employee chooses their own unit. You may suggest a unit for each invitation; the employee is shown your suggestion and may keep it, change it, or decline to give one, and their answer is the one used. Declining is always available, and a declined response is counted into a "rest of organisation" group.
• The anonymity floor applies to every unit. A unit with too few responses is combined first into its own function or region and, only if that is still too small, into "rest of organisation". A further rule applies on top of the floor: a unit that individually clears it may still be combined where showing it would let another, smaller group's result be worked out by subtraction. The absence of a unit from your report therefore does not tell you that the unit was small, and you must not treat it as if it did.
• Near the floor, a unit shows a band rather than a figure, and distributions are never shown per unit at any group size.
• Leaders are never segmented, and segmentation is applied at result level only — never to individual questions.
• Cross-tabulation (function by location together) is available only by exception, and only where every margin independently clears the floor.
• Segmented reporting is available by default wherever the employee survey is included, and applies only if you define units. We may switch it off for an engagement before the employee survey opens.

6b. Repeat waves and before/after comparison

Where you commission a repeat wave of the same Diagnostic:

• The waves are linked into one engagement when you or we link them explicitly at purchase. Linking is never inferred.
• The report can show change between waves at organisation level and, where segmented reporting is in use, at unit level.
• To keep comparison like-for-like, the unit boundaries from your first released wave are fixed for the comparison view. Where your organisation restructures, we record the change; a retired unit keeps its released results and generates no further comparisons rather than being silently mapped onto a successor.
• The anonymity floor is re-evaluated at every wave. A unit shown in one wave may legitimately be withheld in the next, and the reverse.
• Comparison across waves is subject to §3a where the instrument has changed.

77. Benchmarking and calibration — de-identified aggregate results

This section is the legal basis for retaining de-identified aggregate results for benchmarking and calibration: accepting these Terms is what permits that retention to begin, and nothing is retained under it before you do. Annex A schedules exactly what is retained.**

To improve the Diagnostic and to build a comparative benchmark, we retain the de-identified, aggregate results of your Diagnostic and pool them with those of other clients.

What we retain

Only already-aggregated, already-suppressed values, as scheduled in Annex A. In summary, the retained record contains:

• Aggregate scores at question level — for each question in the assessment, the average score across the people who answered it, and the number of people who answered (a count, never a response). Employee figures are retained only where the anonymity floor (§6) was met; a result withheld from your report is not retained here either.
• Distribution measures — how widely people's answers varied, and the proportion choosing each option on the behavioural questions, each with the number of responses it was calculated over (again, always above the floor).
• The structural profile of your organisation from the context intake — your size band, working model, hybrid policy, any return-to-office requirement, headcount trend, whether you had recently restructured, and your site profile; the tier and scope purchased; and, where the practitioner has recorded them, a broad sector, region and function type.
• Version markers — which question set, scoring model version and record format the results belong to, and when they were captured.

What we do not retain

The benchmark record contains no organisation name, no individual's identity, no email address, no free-text comment, and no individual response. It contains no leader's name or role. It is not possible to derive an individual's answers from it.

We do not store the interpretive outputs — your scores, bands, patterns and findings — in the benchmark. Those are recomputed from the retained inputs when needed, so that when the model is recalibrated the accumulated dataset can be re-derived under the new definitions rather than being stranded on the old ones.

Linkage, stated plainly

The record carries an internal reference to the engagement it came from. That reference is meaningless outside our systems and identifies no person, but it is what allows us to find your record if you ask us to withdraw it, and to replace it rather than duplicate it if your report is reissued. We consider the record de-identified as regards individuals; we are telling you about the internal reference rather than describing the record as unlinkable.

Why we do it — and what you get back

This pooled dataset does two things: it calibrates the scoring model (the thresholds and bands are refined against real distributions — see §3a), and it becomes a cross-client benchmark. As the benchmark matures, participating clients receive comparative positioning in their reports — how your results sit against comparable organisations (for example, your standing within your size or sector segment). Where a client's results are not part of the benchmark, that client receives their absolute scores only, without comparative positioning.

Benchmark comparison is a developing feature: it appears only once there are enough comparable records and the model is calibrated, so it may not be available at all for early engagements, including yours. Nothing in this section is a commitment to deliver comparative positioning within any timeframe.

Retention, your acceptance, and your right to withdraw

• Retention. Benchmark records are retained for as long as the benchmark is maintained, and are not deleted at the end of your engagement. That is the point of them.
• Acceptance. By accepting these Terms you agree to this de-identified, aggregate retention and pooling.
• Withdrawal. You may withdraw your organisation's contribution at any time by contacting us (§15); on withdrawal we remove your organisation's record from the benchmark, and it is not used in any figure produced afterwards. Withdrawal cannot retroactively unpick figures already produced or published, and does not affect your own report, the report of any other client, or entitle you to a refund.

88. Refunds and cancellation

The Diagnostic is a bespoke professional service that we begin preparing as soon as you purchase it — reserving practitioner time and provisioning your engagement. Our position is therefore:

• Fees are non-refundable once purchased. Payment is due in full at checkout and is not refundable on cancellation or non-use.
• We may, at our sole discretion, agree a full or partial refund or credit where the circumstances warrant it — for example a failure on our side to deliver, or agreed extenuating circumstances. Any such refund is by mutual agreement and is not an entitlement; agreeing one case does not create an expectation in any other.
• Upgrades are treated the same way — the upgrade charge is non-refundable once purchased, subject to the same discretion.
• Nothing here limits any rights you have in law that cannot lawfully be excluded.

8a. Using what you bought — the debrief booking window

The 60-minute debrief is part of what you purchase, and we are obliged to provide it — but not indefinitely.

• Please book the debrief within 12 months of your report's release. After that, our obligation to provide it ends, and we may decline to schedule it or offer it as a chargeable session.
• Where you have started a Diagnostic but not completed it — for example the intake is never submitted, or a survey window is never closed — we will contact you. If the engagement remains dormant for 12 months from purchase, we may close it. Closing it does not entitle you to a refund (§8), and any data still held is dealt with under §5b.

99. Intellectual property and use of the report

• Our IP. The Responsive Working methodology, the question sets, the scoring model, the signal and pattern catalogue, the report structure, the benchmark, and all related materials are and remain our intellectual property. Nothing in these Terms transfers any of it to you.
• Your licence. On payment, we grant you a non-exclusive, non-transferable licence to use the report we deliver, within your organisation, for your own internal workplace and business decisions.
• What you may not do. You may not resell, publish, or commercially redistribute the report, the methodology, or the underlying materials, or present the methodology as your own, without our written permission. You may share the report internally and with your professional advisers on a confidential basis.
• Your data stays yours. Your context intake answers, your participants' responses, and the results as they relate to your organisation remain yours, subject to §7.
• Anonymised reference. We may refer to the fact that we have worked with you, and use anonymised, non-attributable observations, in our own materials — but we will not name you or publish anything identifying your organisation without your written consent.

1010. Confidentiality

Each party will keep the other's confidential information confidential and use it only for the Diagnostic. Your organisation's inputs and your report are confidential to you (subject to §7's de-identified benchmarking and §9's anonymised reference); our methodology, systems, and non-public materials are confidential to us. This does not apply to information that is public through no breach, independently known, or required to be disclosed by law.

1111. Warranties, and limits on our liability

• We will perform the Diagnostic with reasonable care and skill. The Diagnostic is an assessment and advisory tool: it informs your workplace decisions but does not guarantee any particular outcome, and the decisions you take on it are yours.
• The report is an assessment based on what your participants told us, scored against a model whose thresholds are provisional (§3a). It is not a survey of fact, an audit, a legal or health-and-safety assessment, or advice on any individual's employment.
• Except as expressly stated, and to the extent permitted by law, we exclude other warranties, whether express or implied.
• We do not exclude or limit liability for anything that cannot lawfully be excluded — including death or personal injury caused by negligence, and fraud.
• Subject to that, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data, or business, and our total liability arising out of or in connection with the Diagnostic is limited to the fees you paid for it.

11a. Service availability

The commissioner hub and the survey pages are a hosted online service. We aim to keep them available throughout your survey windows, but we do not offer a service level or uptime guarantee, and we may take the service down for maintenance. Where an outage materially affects a live survey window, we will extend the window rather than let it lapse.

We may change how the service works, and may add, change or withdraw features, provided we do not materially reduce the Diagnostic you purchased.

1212. Term, suspension, and termination

• These Terms apply from acceptance until the Diagnostic is delivered and the debrief completed or lapsed (§8a), or the engagement is otherwise ended.
• We may suspend or end an engagement if payment fails, if you materially breach these Terms (including any attempt to de-anonymise employee data under §6 or to defeat the segment suppression rules under §6a), or where required by law.
• On termination, any licence in §9 continues for a report already released to you; the DPA governs what happens to personal data.
• Sections that by their nature should survive — including §5b (retention), §6 (anonymity), §7 (benchmarking, subject to withdrawal), §9 (IP), §10 (confidentiality), and §11 (liability) — survive the end of the engagement.

1313. General

• Changes to these Terms. We may update these Terms. The version that applies to your order is the version identified at the top of this document as published when you accepted it. We keep a record of the version accepted against each order. Material changes are notified to your account contact.
• Entire agreement. These Terms, together with the DPA, any written subscription or Enterprise agreement, and the order details at checkout, are the whole agreement between us for the Diagnostic and supersede prior discussions. Nothing here excludes liability for fraudulent misrepresentation.
• Order of precedence. Where they conflict: (1) your written subscription or Enterprise agreement; (2) the DPA, on data-protection matters; (3) these Terms; (4) any other material.
• Notices. Notices under these Terms are given by email to your account contact and to our contact address in §15, and take effect on the next business day. Operational messages sent through the platform are not notices.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. If such an event prevents delivery for more than thirty days, either party may end the engagement, and we will refund fees for anything not yet delivered.
• Third-party terms. Payment and debrief booking are operated by third parties under their own terms (§2, §3). We are not responsible for those services, but we remain responsible for our own obligations to you.
• No waiver / severance. A failure to enforce a term is not a waiver; if any term is unenforceable, the rest stand.
• Third-party rights. No one other than you and us has any right to enforce these Terms.
• Assignment. You may not assign the contract without our consent; we may assign to a successor to the practice, on notice to you.
• Governing law and jurisdiction. These Terms are governed by the laws of Ireland, and the courts of Ireland have exclusive jurisdiction.

1515. Contact

Questions about these Terms, refunds, or benchmark withdrawal:

[My Work Here Is _ — legal / trading entity name] hello@myworkhereis.com · [postal address, Dublin, Ireland]

Data-protection requests are handled as set out in the DPA and privacy notices.

Annex ASchedule of what the benchmark retains

Referenced by §7. This annex is the precise version; §7 is the plain-language summary. It schedules what our system captures as it is built today, and we keep it aligned with that system — it is the disclosure the retention rests on.

One record is written per released Diagnostic. A reissued report replaces the record rather than adding one. Nothing is captured unless §7 has been accepted.

A.1 — Per engagement (one row)

A.2 — Per question (one row per question that produced a reportable result)

The anonymity floor is applied before capture. An employee result that did not meet the floor is not copied at all — it is absent from the record rather than present-and-blank. This is enforced in the database, which refuses to store an employee row below the floor.

A.3 — Per domain, distribution measures (only where derived)

Each is stored with its denominator, and the database refuses to store any of them where that denominator is below the anonymity floor.

A.4 — Not retained

Organisation name · commissioner, leader or employee names · any email address · any job title · any free-text comment · any individual response · any per-person row of any kind · the scores, bands, patterns, signals and findings that appeared in your report (these are recomputed from A.2/A.3 when needed — §7).