NOTE: TEMPLATE — REVIEW WITH COUNSEL BEFORE GOING LIVE TO PUBLIC USERS
This document is a structured starting point based on what MVQS Online actually does, not legal advice. Brackets like [COMPANY_NAME] are placeholders to be filled in. A licensed attorney should review and revise before production use with paying customers or EU/UK traffic.
Terms of Service
Effective date: [EFFECTIVE_DATE]
1. Acceptance of Terms
By creating an account or accessing MVQS Online (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. These Terms constitute a binding agreement between you and [COMPANY_NAME] (“we,” “us,” or “our”).
2. The Service
MVQS Online is a single-organization software-as-a-service platform for vocational rehabilitation professionals. It implements the McCroskey Vocational Quotient System (McCroskey VQS), a structured methodology for vocational quantification analysis used in forensic and rehabilitation contexts. The legacy product was distributed as a Microsoft Access desktop application; MVQS Online is its web-based successor.
The Service enables authorized evaluators to:
- Enter and manage evaluee case data (personal information, test scores, ratings, and work history)
- Run automated McCroskey VQS analysis pipelines to produce vocational profiles
- Generate and export standardized reports suitable for forensic, insurance, or rehabilitation use
- Manage a team of evaluators subject to administrator oversight
3. Account Eligibility
To create an account, you must:
- Be at least 18 years of age
- Be a licensed or credentialed vocational rehabilitation evaluator, forensic vocational expert, or an administrator supporting such a team
- Provide accurate and complete registration information
- Receive approval from an administrator of [COMPANY_NAME] before you can sign in
New accounts are created with a “pending” status and cannot access evaluee data until an administrator approves them. We reserve the right to deny or revoke access at our discretion.
4. Your Responsibilities
- Credentials: You are responsible for maintaining the confidentiality of your password and any multi-factor authentication credentials. Notify us immediately at [CONTACT_EMAIL] if you suspect unauthorized access to your account.
- No account sharing: Accounts are personal. Do not share your credentials with any other individual, including colleagues.
- Authorized data: Only enter evaluee data you are legally authorized to process. You represent that you have obtained any necessary consents, authorizations, or releases required under applicable law before entering personal information about an evaluee.
- HIPAA notice: If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), you are responsible for determining whether MVQS Online qualifies as a business associate for your use case and for executing any required business associate agreement before entering protected health information. Contact us at [CONTACT_EMAIL] for inquiries.
- Accuracy: You are responsible for the accuracy of all data you enter. Outputs from the analysis pipelines are only as reliable as the input data.
5. Acceptable Use
You agree not to:
- Reverse engineer, decompile, or attempt to derive source code from the Service
- Scrape, crawl, or programmatically extract data from the Service except via any API we explicitly provide
- Use automated bots or scripts to interact with the Service (the Service employs Cloudflare Turnstile CAPTCHA and honeypot detection)
- Attempt to circumvent the administrator-approval gate, row-level security, or any other access control
- Probe, scan, or test the vulnerability of the Service without our prior written consent
- Upload or transmit malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to systems
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Impersonate another person or entity
6. Intellectual Property
The McCroskey Vocational Quotient System methodology, the analysis pipeline logic, the MVQS Online application code, and all related intellectual property are owned by [COMPANY_NAME] or licensed to us. Nothing in these Terms grants you ownership rights in the Service or its underlying technology.
You retain ownership of the evaluee data you enter into the Service. By using the Service, you grant [COMPANY_NAME] a limited, non-exclusive license to host, store, process, and transmit your evaluee data solely to the extent necessary to provide the Service to you.
7. Confidentiality
You acknowledge that evaluee case data is sensitive and confidential. You agree to:
- Treat all evaluee data as confidential and not disclose it to unauthorized parties
- Use appropriate measures to protect access to your account
- Comply with all applicable professional standards, licensing requirements, and laws governing the handling of confidential client information
We treat your data and your evaluees' data as confidential and will not disclose it to third parties except as required by law, court order, or as described in our Privacy Policy.
8. Disclaimers
The service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Analysis outputs, vocational profiles, and reports generated by the Service are decision-support tools and are not a substitute for the professional judgment of a licensed vocational rehabilitation expert. You remain solely responsible for the vocational opinions you form, express, and sign. [COMPANY_NAME] makes no representation that the outputs are accurate, complete, or suitable for any particular purpose.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that defects will be corrected.
9. Limitation of Liability
[REVIEW WITH COUNSEL — the following is a placeholder.]
To the maximum extent permitted by applicable law, [COMPANY_NAME]'s total liability to you for any claims arising from or related to these Terms or the Service shall not exceed the greater of (A) the fees paid by you in the twelve months preceding the claim or (B) one hundred US dollars ($100).
In no event shall [COMPANY_NAME] be liable for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless [COMPANY_NAME] and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any data you enter into the Service.
11. Termination
We may suspend or permanently close your account if we determine, in our reasonable discretion, that you have violated these Terms, engaged in fraudulent or unlawful activity, or posed a security risk to the Service or other users. We will endeavor to provide notice where feasible.
You may close your account at any time by emailing [CONTACT_EMAIL]. Upon account closure, your profile and credentials will be deleted. Evaluee data you created will remain in the system until explicitly deleted; contact us to arrange data deletion.
Provisions that by their nature should survive termination (including Sections 6, 7, 8, 9, 10, and 12) shall survive.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [GOVERNING_JURISDICTION], without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the courts of [GOVERNING_JURISDICTION], and you consent to personal jurisdiction in those courts.
13. Changes to These Terms
We may revise these Terms from time to time. When we do, we will update the effective date at the top of this page. If we make material changes, we will endeavor to notify active users (for example, by email or by a notice on the sign-in page). Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes.
14. Contact
Questions about these Terms may be directed to:
- [CONTACT_EMAIL]