Quokka Hub Terms of Service

1. Who We Are

Quokka Hub is a U.S. based company providing employee engagement tools, DISC assessments, HR consulting, and organizational retreats. The Services are accessible globally, but your relationship with us is governed by these Terms.

2. Eligibility and Acceptance

2.1 You must be at least 18 years old.

2.2 By using the Services you agree to these Terms and our Privacy Policy.

2.3 If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

3. Accounts and Security

3.1 You must provide accurate account information and keep it current.

3.2 You are responsible for safeguarding credentials and for all activity under your account. Notify support@quokkahub.com promptly of any suspected unauthorized access.

4. Customer Responsibilities

4.1 Roster and Data Rights. The Customer is responsible for the accuracy of the team roster it uploads and for having the legal right to provide employee personal information to us for processing.

4.2 Employee Notice and Lawful Basis. The Customer is the controller of its employee data. The Customer is responsible for informing Authorized Users about data collection and processing through the Services, for establishing a lawful basis for that processing, and for obtaining any consents required by law. For employee assessments, the Customer should not rely on employee consent as its lawful basis where applicable law treats employment consent as not freely given.

4.3 Configuration. The Customer controls visibility settings, roles, and permissions within its workspace, including who can view DISC profiles, survey results, and one-on-one data. The Customer is responsible for how it configures these controls.

4.4 Acceptable Use. You agree not to use the Services unlawfully, to reverse engineer or attempt to extract source code, to use automated scrapers, or to use the Services to harass, surveil, or unlawfully monitor any individual.

5. Confidential Surveys, Human Review, and Safety

5.1 Confidential Survey Responses. Engagement survey responses are treated as confidential. Free-text comments are de-identified and human-reviewed before the Customer sees them, and results are reported only at the company level, never by team or individual. These safeguards are designed to minimize the risk that any response is traced back to a person. Because a comment can still reveal identity through its own content, and because limited disclosure may occur as described in Section 5.3, the Services do not guarantee absolute anonymity. The Customer agrees to describe the surveys to Authorized Users consistently with this section.

5.2 Human Review. Free-text responses are de-identified automatically and then checked by trained Quokka personnel before being shown to the Customer. The Customer acknowledges that Quokka personnel, under confidentiality, may read raw response text during this review.

5.3 Safety Screening. Our system applies limited automated screening, and a reviewer may also flag content, to surface responses that may indicate a serious risk of harm such as threats of violence or self-harm. This screening is best-effort only. It cannot predict human behavior and will not detect every risk. Language that sounds alarming may be harmless, and language that seems benign may precede real harm. We do not guarantee that any risk will be identified. Where we, in our sole discretion, believe content may indicate a serious risk, we may notify the Customer's designated contacts or appropriate authorities, but we are not obligated to do so. We are not liable for identifying or failing to identify any risk, for acting or not acting on any flag, or for the accuracy of any flag. Responsibility for workplace safety, and for assessing and responding to any concern, rests entirely with the Customer.

6. DISC and AI Outputs Are Developmental Tools

6.1 Purpose. DISC profiles and AI-generated outputs, including prep briefs, communication coaching, and feedback summaries, are provided for communication and development purposes only.

6.2 Not for Employment Decisions. DISC assessments and AI outputs are not clinical, diagnostic, or psychological evaluations, and are not designed or validated for hiring, promotion, compensation, discipline, termination, or other employment decisions. The Customer agrees not to use them as a basis for such decisions and to consult qualified legal counsel before taking any adverse employment action.

6.3 Not Professional Advice. AI outputs and consulting insights are suggestions only. We do not provide legal, tax, or certified HR compliance advice. We are not the employer of any Authorized User and make no employment decisions.

7. Intellectual Property and Your Content

7.1 Ownership. All intellectual property in the Services, including the DISC assessment templates and scoring methodology, belongs to Quokka Hub or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.

7.2 Your Content. As between you and us, the Customer owns its survey responses, roster data, and one-on-one notes ("Customer Content"). You grant us a license to host, process, and use Customer Content to provide and improve the Services.

7.3 De-identified Data. You grant us the right to retain and use de-identified data, with names, email addresses, and Customer identity removed, to produce industry benchmarks and to operate and improve the Services. De-identified data cannot reasonably be traced to an individual or organization. We do not use identifiable Customer Content to train or fine-tune general-purpose AI models.

8. Data Protection

8.1 Roles. We act as a processor for employee data inside the platform and as a controller for website, prospect, and direct-client data, as described in our Privacy Policy.

8.2 Compliance. Where we process personal data on the Customer's behalf, we do so in accordance with applicable data protection law and a Data Processing Agreement (DPA) entered into with the Customer. Customers operating in the UK, EU, Canada, or Australia are responsible for notifying us before onboarding so that an appropriate DPA and data transfer mechanism, such as the UK International Data Transfer Agreement, Standard Contractual Clauses, or equivalent, can be put in place.

8.3 Subprocessors. We use vetted subprocessors, including hosting and AI providers, bound by confidentiality and data protection terms. A current list is available to Customers and prospective Customers on request.

9. Fees, Subscriptions, and Cancellation

9.1 Fees. Fees are communicated before purchase. Subscription fees are billed per seat on the stated billing cycle. DISC assessments are billed as one-time charges per person.

9.2 Renewal. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You may cancel a subscription effective at the end of the current billing term.

9.3 Refunds. Fees are non-refundable except where required by law or expressly stated. One-time DISC assessment fees are non-refundable once an assessment has been issued.

9.4 Taxes. Fees are exclusive of applicable taxes, which are your responsibility.

10. Consulting and Retreats

10.1 Statements of Work. Consulting and retreat engagements may be governed by a separate Statement of Work that controls in case of conflict with these Terms for that engagement.

10.2 Facilitation Role. For in-person events, Quokka Hub acts as a facilitator. Participation is voluntary. We may remove any participant who violates safety policies or behaves disruptively.

10.3 Cancellations. Retreat cancellations may incur non-refundable deposits to cover third-party vendor costs such as venues and catering.

11. Trials and Promotional Access

We may offer trial, promotional, or partner-referred access, including limited-time DISC-only access. Trial access is provided as-is, may be modified or withdrawn, and converts to paid access only if you elect to continue. Features and limits of trial access are described at the time of the offer.

12. Disclaimers

12.1 As-Is. Except as expressly stated, the Services are provided "as-is" and "as-available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12.2 Beta Features. Experimental features are provided for evaluation without warranty.

12.3 Third-Party Vendors. For retreats, we are not responsible for the acts, errors, or omissions of third-party vendors such as hotels, transportation, or activity providers.

13. Limitation of Liability

To the fullest extent permitted by law:

13.1 Quokka Hub is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data.

13.2 Our total aggregate liability arising out of or relating to the Services is capped at the greater of $100 or the amounts paid by the Customer to us in the twelve months before the event giving rise to the claim.

13.3 Physical Risk. For in-person retreats, participants assume all risks associated with travel and physical activity. Quokka Hub is not liable for personal injury or property damage occurring at third-party venues.

13.4 Exceptions. The limitations in 13.1 and 13.2 do not apply to your indemnification obligations, your breach of the license restrictions in Section 7, or amounts owed for the Services.

14. Indemnification

You agree to defend, indemnify, and hold harmless Quokka Hub and its officers, employees, and agents from any claims, damages, and expenses, including reasonable legal fees, arising from: (a) your use of the Services; (b) your breach of these Terms; (c) your failure to obtain rights or provide notices required to upload or process employee data; (d) employment decisions or actions you take, including any reliance on DISC profiles or AI outputs; or (e) claims brought by your Authorized Users or employees relating to your use of the Services or consulting.

15. Suspension and Termination

We may suspend or terminate access if you breach these Terms, fail to pay, or where required by law. On termination, your license ends. We will delete or de-identify Customer Content as described in our Privacy Policy, subject to legal retention requirements.

16. Governing Law and Disputes

16.1 These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

16.2 Before filing any claim, the parties agree to attempt to resolve the dispute informally by contacting info@quokkahub.com and allowing 30 days for resolution.

16.3 Any unresolved dispute will be brought in the state or federal courts located in Delaware, and the parties consent to that jurisdiction. International users may have mandatory rights under local law that these Terms do not override.

17. Changes to These Terms

We may update these Terms. Material changes will be reflected by a new Effective Date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

18. General

18.1 Entire Agreement. These Terms, the Privacy Policy, any DPA, and any Statement of Work form the entire agreement between you and us.

18.2 Severability. If any provision is unenforceable, the rest remains in effect.

18.3 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

18.4 Waiver. Our failure to enforce a provision is not a waiver of it.

18.5 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

18.6 Notices. Legal notices to us should be sent to info@quokkahub.com.