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 diagnostic 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.
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 diagnostic 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 by applicable law, 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. 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.
Each assessment credit is consumed at the point the respondent initiates the assessment session by clicking Start, and not at the point of submission. The assessment must be completed and submitted within sixty (60) minutes of initiation, in a single uninterrupted session. If the session expires due to the passage of time, is abandoned, or the browser window is closed or navigated away from prior to submission, the credit is forfeited in full. No resumption of an expired or abandoned session is permitted. A new credit must be used to retake the assessment. This policy applies regardless of the reason for non-completion, including but not limited to technical difficulty on the part of the respondent, loss of internet connectivity, device failure, or any other circumstance whether foreseen or unforeseen. The Company accepts no liability and shall issue no refund, replacement credit, or compensation in connection with a forfeited credit.
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., Singapore. Email: 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.