In these Terms of Use, the following words and expressions shall have the meanings assigned to them below, unless the context otherwise requires.
References to a "Part" or a numbered clause are references to the corresponding Part or clause of these Terms of Use. Headings are for convenience only and shall not affect interpretation.
Where the context admits, words importing the singular include the plural and vice versa. References to a person include a natural person, corporate entity, partnership and unincorporated association.
Access to or use of this Website, including merely browsing its pages, constitutes your unconditional acceptance of these Terms of Use and forms a legally binding agreement between you and the Company. No separate act of acknowledgement, signature or opt-in is required.
If you are accessing the Website or using the Services on behalf of a company, organisation or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In such cases, "You" and "Your" shall refer to that entity and you accept personal liability for ensuring compliance with these terms by all individuals within that entity who access the Website or Services.
These Terms of Use apply to all Users without exception, regardless of the nature or extent of use, the device or platform through which access is made or whether any payment has been made for Services.
The Company reserves the right to amend, update or replace these Terms of Use at any time and without prior notice or any obligation to inform Users of such changes. The version bearing the most recent effective date, as published on this page, shall be the binding version at all times. It is your sole responsibility to visit this page periodically to review the current Terms of Use. Continued access to or use of the Website following any amendment constitutes your acceptance of the revised terms.
These Terms of Use govern the use of this Website and the Services exclusively. They do not constitute a privacy policy. The Company's Privacy Policy, published separately, governs the collection, processing and use of personal data.
All Intellectual Property Rights in and to the Website, the Services and the Proprietary Framework are the exclusive property of the Company. Nothing in these Terms of Use shall be construed as transferring, assigning, licensing or otherwise conveying any Intellectual Property Rights to you.
The Proprietary Framework, including all assessment classifications, constructs, terminologies, output structures and naming conventions associated with PMHS™, P-SAP™, SVCI™, SWI™, Masked Effect™ and all related designations, is protected by applicable Intellectual Property Rights, including copyright subsisting in original published works, trademark rights under proceedings before the Intellectual Property Office of Singapore (IPOS) and established prior art documented under DOI 10.5281/zenodo.18947750 and DOI 10.5281/zenodo.18947962, published under Creative Commons Attribution Non-Commercial No-Derivatives 4.0 International licence (CC BY-NC-ND 4.0). The existence of a Creative Commons licence on published academic works does not limit or waive any other Intellectual Property Rights held by the Company, including rights arising under copyright in the commercial Services, trade secret protection of the Confidential Methodology and trademark rights in the proprietary designations.
The Confidential Methodology constitutes trade secrets of the Company. No part of these Terms of Use, no published material, no Report and no element of the Website discloses or is intended to disclose the Confidential Methodology. Any attempt to derive, infer, reconstruct or reverse-engineer the Confidential Methodology from outputs, Reports, public materials or any other source is expressly prohibited and constitutes both a breach of these Terms of Use and a misappropriation of the Company's trade secrets.
You are strictly prohibited from reproducing, copying, adapting, modifying, translating, distributing, publicly displaying, sub-licensing, selling, incorporating into any competing product or service, relabelling, repackaging or otherwise exploiting, commercially or otherwise, any part of the Proprietary Framework, the Website content or any Report, in whole or in part, without the prior express written consent of the Company. This prohibition applies regardless of whether such activity is carried out under the same or a different name, nomenclature or branding.
The use of substantially similar constructs, taxonomies, scoring systems or terminologies under different names or branding, whether derived directly or indirectly from the Proprietary Framework, shall be treated as infringement of the Company's Intellectual Property Rights and misappropriation of its trade secrets and may result in civil and criminal proceedings under applicable Singapore law and international intellectual property conventions.
The Company's name, trading name, trademarks and all product and framework designations, including PRAGADIAN™, PMHS™, P-SAP™, SVCI™, SWI™, Masked Effect™, Synergistic Amplification Effect™, Upstream Priority Principle™ and Synaptic Coherence™, are the exclusive property of the Company. You may not use any of these marks in any manner that implies endorsement, affiliation, sponsorship or any commercial association with the Company without its prior written consent.
Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services solely for your own internal, non-commercial informational purposes, or, where you are an Authorised Recipient, for the internal use of the authorised organisation in accordance with Part 5 of these Terms of Use.
You must not use the Website or Services for any purpose that is unlawful, fraudulent, deceptive, harmful or in violation of any applicable law or regulation in Singapore or any other jurisdiction in which you access the Website.
Without limitation to Clause 4.2, the following conduct is expressly prohibited:
Attempting to gain unauthorised access to any part of the Website, the Services, any server on which the Website is hosted or any database, system or account connected to the Website.
Using any automated system, bot, scraper, crawler, data extraction tool or artificial intelligence model training pipeline to access, copy, collect or process any content from the Website or any Report, whether for commercial or non-commercial purposes.
Introducing any virus, malware, ransomware, trojan or other malicious or technologically harmful material into the Website or any system connected to it.
Using the Website or Services to send unsolicited communications, to impersonate any person or entity or to misrepresent your identity or affiliation.
Removing, obscuring or altering any copyright notice, trademark, watermark or other proprietary marking from any content, Report or material obtained through the Website or Services.
Framing, mirroring or embedding any part of the Website in any other website or digital environment without the prior written consent of the Company.
The Company reserves the right to suspend or permanently terminate your access to the Website and Services at any time, without notice and without liability, if it determines, at its sole discretion, that you have breached any provision of these Terms of Use or that your use poses a risk to the security, integrity or reputation of the Company or its systems.
Any Report or Assessment Output generated through the Services is issued solely for the internal use of the Authorised Recipient named in that Report. Access to or receipt of a Report does not constitute a transfer of any Intellectual Property Rights in or to the Report, the Proprietary Framework or any part thereof.
Reports must not be shared, published, reproduced, distributed or disclosed to any third party without the prior written authorisation of the Company. This restriction applies whether such sharing is for commercial or non-commercial purposes and whether the Report is shared in its original or any adapted, summarised or extracted form.
Reports and Assessment Outputs are intended solely to support evidence-based decision-making in organisational and professional development contexts. The use of a Report for employment decisions, clinical diagnosis, legal proceedings, medical purposes or any purpose for which it was not expressly designed and issued is outside the intended scope of the Services and is expressly prohibited.
The classifications, indicators and outputs contained in a Report reflect the data inputs provided by or on behalf of the Authorised Recipient at the time of assessment and are subject to the accuracy, completeness and honesty of those inputs. The Company accepts no liability for any inaccuracy, incompleteness or misrepresentation in a Report arising from inaccurate, incomplete or dishonest data inputs.
The Company reserves the right to revoke, suspend or modify access to Reports and Services at any time if it determines that the Authorised Recipient is in breach of these Terms of Use or has used the Report in a manner inconsistent with its intended scope.
All personal data collected, stored or processed via the Platform shall be handled in strict accordance with the Singapore Personal Data Protection Act 2012 ("PDPA"). Where the Purchaser provides personal data of third-party respondents or employees for the purposes of assessment, the Purchaser warrants that it has obtained all necessary consents from those individuals prior to inputting such data into the Platform and that such collection, use and disclosure is permitted under the PDPA. The Company acts solely as a Data Intermediary, processing personal data on behalf of the Purchaser for the limited purpose of report generation, and shall not use such data for any other purpose. The Purchaser, as Data User or Data Controller in respect of its respondents' personal data, assumes full responsibility for compliance with all applicable PDPA obligations in connection with its use of the Services.
The Website, the Services and all Reports and Assessment Outputs are provided on an "as is" and "as available" basis, without any representation, warranty, condition or guarantee of any kind, whether express, implied, statutory or otherwise, to the fullest extent permitted by applicable law.
The Company expressly disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement and uninterrupted availability.
The P-SAP™ assessment instrument and all associated Reports are research-based assessment tools grounded in established scientific principles. They do not constitute medical advice, psychological advice, legal advice, financial advice or any form of professional advisory service. The Company is not a licensed medical practitioner, psychologist, lawyer or financial adviser and nothing on this Website or in any Report shall be construed as creating any such advisory relationship.
The Company does not warrant that the Website will be free from errors, viruses, interruptions or other harmful components or that any defect will be corrected. The Company does not warrant that the Website or Services will meet your requirements or produce any particular outcome.
Any reliance you place on information or content obtained through this Website or the Services is at your own risk. The Company shall not be responsible for any decision, action or omission taken by you or any third party in reliance on such information or content.
To the maximum extent permitted under applicable Singapore law (including the Unfair Contract Terms Act 1977), the Company, its directors, officers, employees, agents, licensors and successors shall not be liable to you or to any third party for any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage of any kind arising out of or in connection with your access to or use of the Website, the Services or any Report, however caused and whether arising in contract, tort, negligence, breach of statutory duty or otherwise.
Without limitation to Clause 7.1, the Company shall not be liable for any loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of data, loss of goodwill or any other purely economic or financial loss, whether or not such loss was foreseeable or the Company had been advised of the possibility of such loss.
Where the Company's liability cannot be excluded by law, such liability shall be limited to the maximum extent permitted under applicable Singapore law. In all cases where such limitation is enforceable, the total aggregate liability of the Company to you arising out of or in connection with these Terms of Use, the Website or the Services shall not exceed the amount, if any, paid by you to the Company in the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms of Use shall exclude or limit the Company's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence or any other liability that cannot be excluded or limited under applicable law.
All fees and charges for the Services are as published on the Website at the time of purchase and are quoted in the currency specified. The Company reserves the right to change its pricing at any time without notice, provided that any change shall not affect a purchase already completed and confirmed.
All sales are final. No refund, credit, exchange or reversal of any payment made for the Services shall be issued under any circumstances, except as expressly provided under the Legitimate Disruption Exception in Clause 8.6 or as required by applicable law. This policy applies without exception, regardless of whether the Report has been accessed, downloaded or reviewed and regardless of the reason for the refund request, including but not limited to dissatisfaction with results, a change of mind, an error in submission, the alleged non-utility of the output, illness, technical difficulty on the part of the User or any other circumstance whether foreseen or unforeseen.
By proceeding with any purchase, you expressly acknowledge and agree that you have read, understood and accepted this no refund policy in full and that you waive any right to dispute or reverse a charge on the basis of dissatisfaction, change of mind or any reason other than verified fraudulent activity by the Company.
Where a technical error attributable solely to the Company results in complete non-delivery of the purchased Service, the Company may, at its sole and absolute discretion, offer a replacement delivery of the same Service. Such replacement shall constitute the Company's sole and entire obligation and shall not be construed as establishing any precedent, obligation or right to a refund in any other circumstance.
Payment of any fee to the Company does not constitute, create or imply any right to continued access, future service delivery, account retention or any ongoing commercial relationship beyond the specific purchase to which the payment relates.
To protect the proprietary trade secrets, diagnostic frameworks and intellectual property embedded within the Platform's assessment tools, each Assessment Credit grants access to a single, continuous, real-time assessment session. Once the Purchaser or Authorised Respondent clicks "Start", the unique assessment session token is activated and must be completed within sixty (60) consecutive minutes. Accessing the initial question sequence constitutes full utilisation of the Assessment Credit. Abandoning, pausing or closing the browser session before final submission will result in immediate session termination and credit consumption. Unidirectional progress and mandatory single-session completion are strictly enforced to prevent unauthorised copying, scraping or archival of assessment logic and questions. In the event of a verified, systemic platform failure or server interruption on Our end that prevents completion (the "Legitimate Disruption Exception"), the Purchaser may submit a support ticket to admin@pragadian.com within twenty-four (24) hours of the disruption for manual review and credit re-issuance at Our sole discretion. This exception does not apply to technical difficulties on the part of the respondent, including but not limited to loss of internet connectivity, device failure, browser incompatibility or any other circumstance outside the Company's direct control.
You shall, at your own cost and expense, fully defend, indemnify and hold harmless the Company, its directors, officers, employees, contractors, agents, licensors, successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, costs and expenses, including legal fees on a full indemnity basis, arising out of or in any way connected with:
Your access to or use of the Website or Services, including any use by any person accessing the Website or Services through your account or under your authority.
Any breach or alleged breach by you of any provision of these Terms of Use, including any representation, warranty or obligation contained herein.
Any infringement, misappropriation or unauthorised use by you of any Intellectual Property Right of the Company or of any third party, including any reverse-engineering, reproduction, adaptation or commercial exploitation of the Proprietary Framework or the Confidential Methodology.
Any decision, action, omission or reliance by you or any third party based on information, outputs or Reports obtained through the Website or Services.
Any claim by a third party arising from your unauthorised disclosure, distribution or misuse of any Report or Assessment Output.
Any act or omission by you that is fraudulent, negligent, wilfully harmful or in violation of any applicable law or regulation.
The Company reserves the right, at its own expense, to assume exclusive control of the defence of any matter otherwise subject to indemnification by you, in which case you shall cooperate fully with the Company in asserting any available defences and shall take no action that prejudices the Company's position in such proceedings.
Your obligations under this Part 9 shall survive the termination, cancellation or expiry of these Terms of Use or the termination of your access to the Website or Services, indefinitely and without limitation.
The indemnification obligations set out in this Part 9 are in addition to and shall not limit or replace, any other remedy available to the Company at law or in equity.
This Website may contain hyperlinks to third-party websites, resources or services that are not owned or operated by the Company. Such links are provided for your convenience only and do not constitute an endorsement, recommendation or approval by the Company of those third-party websites, their content or the organisations operating them.
The Company has no control over and accepts no responsibility for the content, privacy practices, accuracy, reliability or availability of any third-party website or resource. Your access to and use of any third-party website is governed solely by the terms and policies of that third party.
The inclusion of any hyperlink to an external DOI record, academic repository or published research work does not constitute a disclosure of the Confidential Methodology and shall not be interpreted as limiting any Intellectual Property Rights of the Company beyond the specific licence terms attached to those published works.
These Terms of Use and any dispute or claim arising out of or in connection with them, their subject matter or their formation, whether contractual or non-contractual, shall be governed by and construed exclusively in accordance with the laws of the Republic of Singapore.
You irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation. You waive any objection to the exercise of jurisdiction by those courts, whether on grounds of inconvenient forum or otherwise.
Nothing in this Part 11 shall prevent the Company from seeking urgent injunctive or other equitable relief before any court of competent jurisdiction in any jurisdiction worldwide, including for the protection of its Intellectual Property Rights or Confidential Methodology, where it deems such action necessary to prevent or restrain irreparable harm.
If any provision or part-provision of these Terms of Use is found by any court or competent authority to be invalid, unlawful, void or unenforceable, that provision or part-provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect as if the severed provision had never been included.
Any failure or delay by the Company to exercise or enforce any right, power or remedy under these Terms of Use shall not operate as a waiver of that right, power or remedy. No single or partial exercise of any right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
These Terms of Use, together with the Company's Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to your use of the Website and Services and supersede all prior and contemporaneous agreements, representations and understandings of any kind relating to the same subject matter.
No variation of these Terms of Use shall be effective unless made in writing and published by the Company on this Website in accordance with Clause 2.4.
If you have any questions regarding these Terms of Use or if you wish to seek written authorisation for any use of content, the Proprietary Framework or any Report that is not expressly permitted under these Terms of Use, you may contact the Company at the details below.
Pragadian Pte. Ltd. (UEN: 202634825G), Singapore. General & Legal Enquiries: admin@pragadian.com. Data Protection Officer (PDPA Enquiries): admin@pragadian.com.
Any notice given by you to the Company under or in connection with these Terms of Use shall be in writing and sent to the email address specified in Clause 13.2. The Company has no obligation to notify Users of updates to these Terms of Use. It is the sole responsibility of each User to check this page periodically for the current version. The Company may, at its discretion, communicate changes through the Website by updating the effective date and version number on this page.