PLEASE READ THESE TERMS OF USE CAREFULLY.
BY LOGGING IN TO app.tpsitais.com, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
1. Agreement to Terms
1.1 TAIS Performance Systems Inc. (“TPSI”, “we”, “us”, or “our”) operates app.tpsitais.com (the “Platform”), a proprietary, closed-access application through which authorized professionals access psychometric assessments, profiles, Reports, and related data belonging to TPSI or its licensor.
1.2 These Terms of Use (the “Terms”) constitute a binding legal agreement between TPSI and each individual who accesses the Platform (a “User”, or “you”). Access to the Platform is a privilege, not a right, and is conditional at all times on compliance with these Terms.
1.3 TPSI may amend these Terms from time to time. We distinguish between administrative modifications (such as fixing typographical errors, updating contact information, or rephrasing sentences for clarity) and material changes (such as changing intellectual property rights, altering liability boundaries, or introducing new user restrictions). Administrative changes may be made without prior notice by updating the "Last Updated" date. Material changes will always require proactive notification and will be delivered via an explicit click-wrap agreement upon your next Platform login, a prominent website banner, or direct email notification prior to the change becoming effective. Your continued access to or use of the Platform after the effective date of an amended version constitutes your binding acceptance of the updated Terms.
1.4 By accepting these Terms, you represent that you are at least the age of majority in your jurisdiction and that you have the authority to enter into these Terms on your own behalf and, where you access the Platform in connection with an organization, on behalf of that organization. You agree that clicking to accept, or otherwise logging in to the Platform, constitutes your electronic signature and creates a binding agreement to the same extent as a handwritten signature, and you consent to transact and to receive records relating to the Platform electronically.
2. Definitions
In these Terms, the following capitalized terms have the meanings set out below:
“Platform” means the proprietary web application at app.tpsitais.com, including all systems, databases, software, interfaces, tools, scoring engines, and associated infrastructure.
“TAIS” or “TAIS Inventory” means the proprietary psychometric assessment owned by Grandlark Investments Inc. and licensed to TPSI, including all 144 assessment items, scales, scoring models, algorithms, normative data, and psychometric methodology, and any variation, derivative form, or update of them.
“DAWN Profile” means the proprietary psychometric assessment owned by Grandlark Investments Inc. and licensed to TPSI, including all 96 assessment items, scales, scoring models, algorithms, normative data, and psychometric methodology, and any variation, derivative form, or update of them.
“Assessments” means the TAIS Inventory, the DAWN Profile, and any other psychometric instrument made available through the Platform, collectively. “TAIS-Certified User” means an individual holding current, valid TAIS certification issued or recognized by TPSI and authorized to access the TAIS module of the Platform.
“DAWN-Authorized User” means an individual authorized by TPSI or a TD to access the DAWN Profile module of the Platform.
“Authorized User” means any TAIS-Certified User, DAWN-Authorized User, or other individual expressly granted access to the Platform by TPSI.
“TAIS Distributor” or “TD” means an individual or organization authorized by TPSI to administer Assessments and deliver related services.
“Client” means an organization or individual that engages a TD or accesses the Platform through a TD. “Subject” means an individual who completes an Assessment.
“Subject Data” means all data collected, processed, or generated in connection with a Subject’s Assessment, including responses, scores, psychometric results, and associated personal information.
“Reports” means any output, interpretation, scoring result, or report generated from the Assessments through the Platform.
“Intellectual Property” or “IP” means all proprietary rights of TPSI and its licensor, including copyright, trade secrets, trademarks, patents, database rights, and all other rights in the Assessments, the Platform, and related systems and materials.
“AI System” means any artificial-intelligence tool, machine-learning model, large language model, generative-AI platform, chatbot, neural network, or automated decision-making or data-processing system, whether publicly available or privately operated.
“Confidential Information” means all non-public proprietary information of TPSI, including the Assessments, Reports, Subject Data, scoring methodologies, system architecture, and all other information marked or reasonably understood to be confidential.
3. Purpose and Nature of the Assessments
3.1 The Assessments made available through the Platform are psychometric tools intended to support professional development, coaching, organizational effectiveness, and similar applications determined by the applicable TD or Client. They are interpretive instruments intended to assist in understanding behavioural tendencies, preferences, and performance-related characteristics.
3.2 The Assessments and Reports
(a) do not constitute a medical, psychological, or clinical diagnosis;
(b) are not a substitute for professional judgment or independent evaluation; and
(c) shall not be used as the sole or determinative basis for any employment, hiring, promotion, selection, or other personnel or clinical decision.
3.3 Reports are generated through TPSI’s proprietary automated scoring systems and psychometric models. Proper interpretation and application of the Assessments and Reports require appropriate professional judgment and, where applicable, the guidance of a qualified TD. TPSI does not control, and is not responsible for, how the Assessments or Reports are interpreted or applied by any User, TD, Client, or third party.
4. Access, Certification, and Authorization
4.1 Closed Platform
The Platform is a closed, proprietary system. Access is not open to the public and is granted solely at TPSI’s discretion to qualified, authorized individuals. TPSI may deny, suspend, or revoke access at any time, in its sole discretion.
4.2 Tiered Access Model The Platform comprises two separate, access-controlled modules, and access to one module does not grant access to the other:
(a) TAIS Module — accessible only to current TAIS-Certified Users whose certification is active and in good standing. A User whose certification has lapsed, or has been suspended or revoked, will have access terminated; and
(b) DAWN Profile Module — accessible only to individuals expressly authorized by TPSI Any attempt to access a module for which you are not authorized, or to access data outside your permitted scope, is a serious breach of these Terms and may constitute unauthorized access under applicable law.
4.3 Click-Wrap Acceptance
Access to the Platform requires affirmative acceptance of these Terms. On first login, and upon each material update to these Terms, you will be presented with the current Terms and required to confirm your acceptance before the Platform becomes accessible. By confirming acceptance, you enter into a legally binding agreement with TPSI. Acceptance cannot be delegated to another person.
4.4 Credential Confidentiality
You are solely responsible for maintaining the confidentiality of your login credentials, which are personal and non-transferable. You shall not share, lend, or disclose your credentials to any other individual. TPSI is not liable for any loss, breach, or unauthorized access resulting from your failure to safeguard your credentials, and you must notify TPSI immediately if you suspect they have been compromised.
5. Protection of Intellectual Property
5.1 Ownership
All right, title, and interest in and to the Platform and its components are and remain the exclusive property of TPSI and its licensor, including:
(a) the TAIS Inventory and DAWN Profile in their entirety, including all items, wording, format, scales, and administration methodology;
(b) all scoring models, psychometric algorithms, normative databases, and interpretive frameworks;
(c) all software, source code, databases, system architecture, user interfaces, and technical infrastructure underlying the Platform;
(d) all Reports, output formats, and report templates;
(e) all trademarks, trade names, logos, and branding associated with TPSI, TAIS, and the DAWN Profile; and
(f) all research, data compilations, and aggregated datasets developed or maintained by TPSI.
The TAIS Inventory and TAIS-related content are copyright © 1974–2026 Grandlark Investments Inc., under exclusive licence to TAIS Performance Systems Inc. All rights reserved.
5.2 No Rights Granted
Nothing in these Terms grants any User, TD, Client, or Subject any ownership, licence, or other interest in the Intellectual Property, except the limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its intended authorized purpose during the period of authorized access.
5.3 Prohibited IP-Related Conduct
You shall not, and shall not permit any third party to:
(a) copy, reproduce, record, screenshot, screen-capture, or otherwise duplicate any Assessment item, scoring content, Report content, or other proprietary material from the Platform, beyond what is expressly required for your authorized professional use;
(b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the scoring logic, psychometric model, item construction, or other proprietary methodology underlying any Assessment;
(c) modify, adapt, translate, or create derivative works based on any Assessment, Report, Platform component, or other proprietary material;
(d) reproduce or republish any Assessment item, Report language, or other Platform content in any format, including training materials, publications, websites, or software;
(e) remove, alter, or obscure any copyright notice, trademark, proprietary legend, or other ownership indication appearing on or within the Platform or its outputs;
(f) use any TPSI trademark, trade name, or branding without prior written consent; or
(g) claim authorship or ownership of any Assessment, Report, or derivative of them.
6. Prohibited Conduct: AI, Automated Access, and Manipulation
6.1 Prohibition on AI Use with Platform Data
Uploading, transmitting, or processing any Assessment, Report, Subject Data, or other Confidential Information through any AI System is strictly prohibited and constitutes a material breach of these Terms. You shall not, under any circumstances, upload, input, transmit, submit, paste, or otherwise disclose any Assessment item or content, Report or portion of a Report, Subject Data, Confidential Information, or material or output derived from the Platform, to or through any AI System, for any purpose, including summarization, interpretation, analysis, scoring, benchmarking, the creation of training data, fine-tuning, or data processing. This prohibition applies regardless of whether the AI System is publicly available, employer-provided, or internally deployed, and applies to AI-enabled features within third-party software, including word processors, email clients, and customer-relationship-management systems.
6.2 Bots and Unauthorized Automated Access
You shall not access, or attempt to access, the Platform using automated bots, scripts, or crawlers; API connections not expressly authorized in writing by TPSI; screen-scraping or data-extraction tools; or any automated mechanism designed to replicate, harvest, or systematically collect Platform data. TPSI monitors the Platform for unauthorized automated access, and any such access may result in immediate, permanent termination without notice and the pursuit of all available legal remedies.
6.3 Manipulation of Assessments
You shall not alter, tamper with, manipulate, or attempt to influence any Assessment or its results, including by coaching or instructing a Subject on how to respond to produce a desired outcome; interfering with the administration or scoring process; submitting responses on behalf of a Subject without that Subject’s direct, knowing participation; or altering, editing, truncating, or misrepresenting any Report or its outputs without clearly disclosing the modification.
6.4 TPSI’s Reserved Technology Rights
The restrictions in this Section apply to Users and third parties only. TPSI reserves the right to deploy and use any technology, including AI systems, automated tools, and data-analytics platforms, in connection with its own operations, Platform development, research, and service delivery, subject to TPSI’s own data-governance and privacy practices.
6.5 Data Privacy Breach Warning
Inputting generated reports or individual scoring metrics into external generative AI systems may cause your data to be ingested, processed, or retained by third-party platforms outside of our secure environment. Under Canadian privacy legislation, introducing identifiable human performance data into unvetted, public AI models constitutes a severe data privacy breach and a violation of the restricted, purposeful consent under which this data was collected. TPSI disclaims all liability for data exposure or regulatory non-compliance resulting from your unauthorized use of third-party AI tools. The utilization, testing, or deployment of any Artificial Intelligence or automated system that involves the unconsented collection, profiling, or re-identification of personal information shall be deemed an unauthorized disclosure and a material breach of applicable data protection laws. Any detected use of AI that threatens fundamental privacy rights or fundamental freedoms must be halted immediately.
6.6 Invalidation of Tool Integrity
Our models rely on strictly controlled environmental baselines, structured psychology, and behavioural science frameworks to ensure objective, reliable results. Processing our proprietary outputs through external generative AI systems forces the data through unverified algorithms prone to contextual distortion, analytical bias, and factual errors (hallucinations). Any introduction of our reports into external AI platforms immediately invalidates the psychometric integrity, accuracy, and scientific validity of the provided results. TPSI shall not be held responsible for coaching, operational, or administrative decisions made based on AI-manipulated or corrupted evaluations.
6.7 No Other Use Without Prior Written Consent
Any use of the Platform, the Assessments, the Reports, Subject Data, or any other Confidential Information that is not expressly permitted by these Terms is prohibited unless TPSI has given its prior express written consent. This applies, without limitation, to any use of an AI System; any additional or new technology, integration, automated process, or analytical method; and any new purpose, recipient, or method of access or processing. Any consent given by TPSI applies only to the specific use, scope, and period identified in writing, may be made subject to conditions, and may be withdrawn by TPSI at any time. No consent may be implied from TPSI’s conduct, silence, or failure to enforce any provision of these Terms.
7. Confidentiality
7.1 All information accessed through the Platform, including the Assessments, Reports, Subject Data, scoring methodologies, and system architecture, is Confidential Information belonging to TPSI. Subject Data is additionally sensitive personal information that carries heightened protection obligations.
7.2 You shall (a) use Confidential Information solely for your authorized professional purposes under these Terms; (b) take all reasonable measures to prevent unauthorized access, use, disclosure, copying, or transmission of Confidential Information; (c) limit access to individuals who require it for authorized purposes and who are bound by equivalent confidentiality obligations; and (d) promptly notify TPSI of any actual or suspected unauthorized access, disclosure, or loss of Confidential Information.
7.3 You shall not disclose Confidential Information to any person outside your authorized scope, including colleagues, supervisors, or third-party service providers, without TPSI’s prior written consent, except as strictly required to perform your authorized professional role. Confidentiality obligations survive termination of access and continue indefinitely with respect to trade secrets, and for a minimum of five (5) years with respect to other Confidential Information.
8. Ethical and Professional Use
8.1 You shall use the Platform, the Assessments, and the Reports in a manner consistent with the highest applicable professional and ethical standards, including by:
(a) using the Assessments and Reports as interpretive tools within a broader professional process, and not as the sole or determinative basis for any employment, promotion, selection, or clinical decision;
(b) providing appropriate context and professional guidance when sharing or discussing a Report with a Subject or others;
(c) ensuring that Subjects are informed that they are completing an assessment and understand its general purpose;
(d) handling Subject Data with sensitivity, dignity, and discretion; and
(e) promptly reporting to TPSI any concern about misuse, unauthorized access, or ethical violation.
8.2 These Terms do not alter any professional or legal reporting obligation you may hold. Where applicable law or a professional code requires or permits a disclosure, that obligation or permission takes precedence over any restriction in these Terms.
8.3 The Platform and the Assessments are intended for use by adults. No individual under the age of sixteen (16) may be assessed through the Platform. Each Authorized User and TD is responsible for ensuring that no Subject under 16 is administered an Assessment. If TPSI becomes aware that it has collected the personal information of an individual under 16 without appropriate authority, it will delete that information promptly.
9. Privacy and Data Protection
9.1 All collection, use, storage, processing, and disclosure of personal information and Subject Data in connection with the Platform is governed by the TPSI Privacy Policy, which is incorporated into these Terms by reference and is available on the Platform.
9.2 By accessing or using the Platform, you acknowledge that personal information and Subject Data may be stored and processed in Canada, the United States, and the other jurisdictions identified in the Privacy Policy, and you consent to such storage and processing, subject to applicable law.
9.3 In the event of a conflict between these Terms and the Privacy Policy with respect to the handling of personal information, the Privacy Policy governs.
9.4 You must report any actual or suspected privacy or security breach involving personal information or Subject Data to TPSI immediately, and in any event within twenty-four (24) hours of becoming aware of it, and must cooperate with TPSI’s breach response as described in the Privacy Policy.
10. Suspension, Termination, and Remedies
10.1 TPSI may suspend, restrict, or permanently terminate any User’s access to the Platform at any time, with or without notice, upon:
(a) any actual or suspected breach of these Terms, including any prohibited use of an AI System, unauthorized automated access, or manipulation of an Assessment;
(b) the lapse, suspension, or revocation of the User’s TAIS certification or authorization;
(c) the unethical, unlawful, or unprofessional handling of any Assessment, Report, or Subject Data;
(d) a failure to pay applicable fees or fulfil contractual obligations; or
(e) any conduct that poses a risk to the security, integrity, or reputation of the Platform or TPSI.
10.2 On termination or suspension, all rights granted to the User cease immediately; the User must discontinue all use of the Platform and all materials accessed through it; all obligations that survive termination continue in full force; and TPSI may restrict or disable access to Subject Data pending investigation or resolution.
10.3 In addition to terminating access, TPSI may pursue all remedies available at law and in equity, including injunctive relief, damages, and recovery of legal costs. Given the proprietary and sensitive nature of the Platform and its data, TPSI may seek emergency injunctive relief without notice where necessary to prevent ongoing harm.
11. Indemnification
11.1 You agree to indemnify, defend, and hold harmless TPSI, Grandlark Investments Inc., and their respective officers, directors, shareholders, employees, agents, and successors from and against any and all claims, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:
(a) any breach by you of these Terms;
(b) your misuse of the Platform, including any prohibited use of an AI System, unauthorized automated access, or manipulation of an Assessment;
(c) your unlawful, unethical, or unauthorized use of any Assessment, Report, or Subject Data;
(d) any claim by a third party arising from your actions or decisions in connection with the Platform; and
(e) your infringement of TPSI’s Intellectual Property or breach of your confidentiality obligations.
11.2 Conduct of claims. In respect of any claim to which this indemnity applies, TPSI may, at its option, (a) require you to defend the claim with counsel acceptable to TPSI; (b) assume the defence of the claim and add or join you as a party where procedurally available; or (c) defend the claim and recover from you the losses, costs, and legal fees it incurs. You shall cooperate fully in the defence of any such claim. Your obligations under this Section survive termination of your access.
12. Disclaimer of Warranties
THE PLATFORM, THE ASSESSMENTS, AND THE REPORTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TPSI DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TPSI does not warrant that the Platform will be uninterrupted or error-free, that any Report will be interpreted in any particular manner, or that use of the Platform will produce any specific outcome. You assume full and sole responsibility for any decision or action taken on the basis of, or informed by, Platform outputs.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TPSI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE PLATFORM, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, OR REPUTATIONAL HARM, WHETHER OR NOT TPSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent that liability cannot be fully excluded, TPSI’s total aggregate liability arising out of or related to these Terms or the Platform shall not exceed the total fees paid to TPSI for the specific services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including rights relating to the protection of personal information under applicable privacy legislation.
14. Governing Law and Dispute Resolution
14.1 These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.
14.2 Any dispute arising out of or relating to these Terms, or their breach, termination, or validity, is subject to the exclusive jurisdiction of the courts of Vancouver, British Columbia, and each party irrevocably submits to that jurisdiction.
14.3 TPSI reserves the right to seek injunctive, declaratory, or other equitable relief in any court of competent jurisdiction, including in the United States, where necessary to protect its Intellectual Property, Confidential Information, or Platform security, without being required to post bond or other security.
14.4 A User accessing the Platform from outside Canada is responsible for ensuring that their use complies with all applicable local laws and regulations.
15. General Provisions
15.1 Entire Agreement. These Terms, together with the TPSI Privacy Policy and any executed agreement, statement of work, or authorization referencing these Terms, constitute the entire agreement between TPSI and the User with respect to access to and use of the Platform, and supersede all prior communications and agreements on the same subject.
15.2 Order of Precedence. In the event of a conflict between documents, the following order of precedence applies: (a) any executed written agreement between TPSI and a Client or TD; (b) these Terms of Use; (c) the TPSI Privacy Policy; and (d) any ancillary policy, guideline, or communication referenced in the foregoing.
15.3 Severability. If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.4 No Waiver. TPSI’s failure to enforce any provision on any occasion does not waive its right to enforce that or any other provision on any other occasion. No waiver is effective unless made in writing and signed by an authorized representative of TPSI.
15.5 Assignment. You may not assign or transfer any right or obligation under these Terms without TPSI’s prior written consent. TPSI may assign its rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.
15.6 Force Majeure. TPSI is not liable for any failure or delay in performance arising from events beyond its reasonable control, including natural disasters, cyberattacks, power failures, government actions, or third-party service-provider failures.
15.7 Notices and Contact. Questions regarding these Terms may be directed to TAIS Performance Systems Inc., 699 Cardero Street, Suite 502, Vancouver, BC V6G 3H7, Canada; email support@tpsitais.com; telephone 1-800-419-7473.
15.8 Survival. Any provision of these Terms that by its nature should survive termination or expiry of your access will survive, including the provisions concerning Intellectual Property (Section 5), prohibited conduct (Section 6), confidentiality (Section 7), privacy and data protection (Section 9), indemnification (Section 11), disclaimer of warranties (Section 12), limitation of liability (Section 13), governing law (Section 14), and these general provisions (Section 15).
