PsychTech Applications, LLC Terms and Conditions of Use

Privacy Policy last updated on November 27, 2022

Acceptance of PsychTech Applications, LLC Terms and Conditions of Use (Terms)

The PsychTech Application (Application) is owned by PsychTech Applications, LLC (“PsychTech”). Use of the Application is conditioned upon acceptance of these Terms, which constitute a contract and the entire agreement between User and PsychTech. If any provision of these Terms is found to be illegal or unenforceable, the remaining provisions will be enforced. Texas law governs these Terms. Issues involving copyright and patent will be resolved under U.S. federal law.

Modifications of Terms

PsychTech may update or modify these Terms at any time without prior written notice to User. The most current Terms are accessible on PsychTech’s website at PsychTechApp.com. The “last updated” date is available at the top of these Terms. By continuing to use the Application after any updates or changes, User agrees to be bound by the changes. PsychTech encourages the User to periodically view these Terms. PsychTech, without any penalty or liability, reserves the right to publish or replace its current Application and its contents with a new, revised, or updated product and/or contents at any time; or to discontinue offering the Application or certain contents. 

Additional Documents

The following documents are incorporated by reference into these Terms to the extent they apply to User’s use of the Application:

• Privacy Policy

• License Agreement

General Information

PsychTech is the publisher and owner of the Application. PsychTech makes the Application available to qualified  clinicians and practitioners. The Application provides User with access to certain psychological assessments and enables administration, scoring, and reporting of individual assessments. The Application contains test instructions and test items. It includes functions for data entry, obtaining test results, scoring, and reporting. The Application generates examinee data and records of testing and enables User to download data and individual test records for User’s retention.   

No Clinical Advice

PsychTech does not provide clinical advice or recommend or endorse any specific procedures or opinions. The assessments, tests, scores, reports, and results obtained through the Application are provided for informational purposes only. Application User’s remain solely and exclusively responsible for all diagnostic and treatment decisions for their clients.

Disclaimer of Warranties, Limitation of Liability, and Limitation on Claims

USER USES THE APPLICATION AT YOUR OWN RISK. The Application is provided “as is” without warranty of any kind. To the maximum extent permitted by law, PsychTech disclaims all warranties relating to the Application, whether express or implied, arising under statute, common law, custom, course of dealing, course of performance, usage of trade, or otherwise. This disclaimer includes, without limitation, all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses, and non-infringement.

To the maximum extent permitted by law, PsychTech will not be liable to User or any other person for any indirect, incidental, collateral, consequential, exemplary, punitive, special, or other damages under any theory of liability whatsoever arising out of this agreement or related in any way to the use of the Application or other PsychTech products or services. User agrees that this exclusion of damages applies even if the possibility of damages was reasonably foreseeable and that this exclusion includes damages of any kind.   

Use of Products

User agrees it is the User’s responsibility to use the Application and any PsychTech products and services in accordance with professional guidelines. User understands and agrees that the Products are intended to be used as tools in the overall assessment process and are not designed to be used alone or to replace the User’s professional judgment.

PsychTech is not responsible for any claims or damages incurred in connection with the User’s or any third party's use or misuse of the Products. Users must agree to guard against the improper use of the Products in order to retain the right to use the Products. To protect their security and value, Products may not be sold, re-licensed, transferred, or otherwise further distributed without prior written permission from PsychTech. Redistributing by any method is strictly prohibited and will disqualify the user from future use of PsychTech Products or services. Permission to use PsychTech Products does not grant User a right to reproduce content or enter any content into another electronic medium, such as  a non-PsychTech scoring system or software. No adaptations, translations, modifications, or special versions of the Application or its contents may be made without prior permission in writing from PsychTech. Violation of these Terms may result in the revocation of a User’s right to use, access, or purchase PsychTech Products.

User’s Responsibilities

User assumes full responsibility for use of the Application under your approved registration, including, if applicable, use by others within User’s organization. User agrees that any person that accesses, uses, or misuses the Application under your approved registration does so on your behalf and User is responsible for all such activity, including, without limitation, any activity in violation of these Terms. User acknowledges and agrees that User is responsible for ensuring that all access and use of the Application under User’s approved registration complies with all of these Terms. User agrees to follow all reasonable instructions of PsychTech in using the Application and PsychTech’s services.  

Qualifications

PsychTech users are required to provide accurate qualification information establishing professional credentials to acquire access to the tests in the Application. User warrants and agrees that you have not misrepresented any qualifications to obtain access to tests for which you are not qualified. User warrants and agrees that any individual who accesses the Application and PsychTech materials under your registration is at least 18 years of age and possesses the training, education, and expertise appropriate to use the tests contained in the Application. User agrees not to allow anyone to access of use the Application and related materials who has not had appropriate training. 

Privacy and Security

User is solely and exclusively responsible for implementing and communicating reasonable and appropriate privacy policies with respect to User’s clients.

User is responsible for all activities under your registration, and User accepts all risks for any unauthorized use of the account. User agrees to notify PsychTech immediately if you suspect that a password or account has been compromised or breached. 

Data Retention

User agrees and acknowledges that you are solely and exclusively responsible for saving, exporting, and retaining your data including client records, test records, and assessment results, and that you will not rely on PsychTech for storage of any data or records. 

Prohibited Uses

User agrees to comply with all applicable law governing use of the Application, its related materials, and any tests made available through it, and not to use these materials for unlawful purposes.   

Proprietary Rights

The Application (including but not limited to all design, text, data, interfaces, images, graphics, software, photographs and the arrangement and presentation of these elements) is the proprietary property of PsychTech or its licensors or suppliers and is protected by various intellectual property laws, including trade secrets, copyright, and trademark. Printing or reproducing copyright-protected materials or content, whether the reproductions are sold or furnished free for use is strictly prohibited by law and by these Terms. Trade secrets are not permitted to be disclosed in response to requests made pursuant to HIPAA or to any other law that exempts disclosure of information protected as trade secrets.

User acknowledges and agrees that the use or disclosure of PsychTech trade secrets or confidential information, other than by subpoena or court order, may cause PsychTech irreparable harm for which remedies other than injunctive relief may be inadequate.

PsychTech grants User a limited, nonexclusive, and revocable license to use (and if applicable, to permit employees and individuals acting on your behalf and under your control to use) the Application and its contents to conduct assessments. This license does not authorize you to copy, reproduce, distribute, publish, transmit, modify, display, or create derivative or collective works from the Application and its contents for any purpose.

Reservation of Rights

Except for the limited license described above, User does not acquire any right, title, or interest in or to any intellectual property in the Application or its contents. All rights not expressly granted to User by these Terms are reserved by PsychTech. Any access or use of the Application except as expressly granted by these Terms is prohibited and may result in legal action.   

Test Security

User agrees to comply with the following basic principles of minimum test security:

Test takers must not be coached using the test or receive test answers before beginning the test.

Test materials (text or graphic image) may not be reproduced in any manner electronically or otherwise without the prior written permission of PsychTech.

Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.

Test materials and scores may be released only to persons qualified to interpret and use them properly.

If a test taker or the parent of a minor child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the User that administered the test.

Test materials must not be resold, re-licensed, transferred or otherwise redistributed for any purpose without prior written permission from PsychTech.

Indemnification Obligation

User agrees to indemnity, protect, save, and hold harmless PsychTech and its agents from and against any claims, charges, demands, damages, liabilities, losses, injuries, expenses, and liabilities (including, but not limited to, any legal or other professional fees) that arise out of or are in any way related to User’s use (or use by employees or individuals under User’s control) of the Application and any PsychTech services, including any use in breach or violation of these Terms, and including claims by third parties.

Requests for permission to license PsychTech Intellectual Property

Requests to copy, translate, modify, or adapt the Application or any PsychTech product or services must be in writing and directed to: wgy@PsychTechApp.com

Modification or Termination

PsychTech reserves the right in its sole discretion at any time and without notice to suspend or terminate access to the Application for any or no reason and to modify the Application. PsychTech will not be liable to User or any third party for any modification, suspension, or termination of access to the Application or for loss of related information or content.   

Definitions

“Terms” means PsychTech’s conditions of use and the qualifications and policies referenced in these Terms and Conditions of Use. The most current Terms will be posted on PsychTech’s website at: PsychTechApp.com

"User'' means the qualified user of the Application and PsychTech services, who are individually and collectively referred to as "User."

"Professional guidelines" include but are not limited to the Standards for Educational and Psychological Testing, published by the American Educational Research Association (AERA), American Psychological Association (APA), and the National Council on Measurement in Education (NCME), and all federal, state, and local laws and regulations, including but not limited to HIPAA and FERPA. Use of psychological tests in employment-related situations may be subject to certain laws including Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as amended; and other federal, state, and local laws and regulations.

End of terms