Terms of Service

By taking The Flourishing Assessment (the “Service”), you agree to these Terms of Service (these “Terms”) and to our Privacy Policy. Agreement is captured at two points: an active confirmationon the “Before you begin” screen (confirming you are 18 or older and consenting to processing of your assessment responses), and a second set of active confirmations on the results-delivery screen (agreement to these Terms and the Privacy Policy; consent to sharing your results with our email and CRM providers). Each confirmation is recorded as an immutable, timestamped, hashed event so the document version you agreed to is reproducible.

If you do not provide these confirmations, the Service does not collect or process your responses and you cannot receive results. The Service is operated by Rhodium Ventures, a Georgia limited liability company (“we”, “us”, “our”).

The Flourishing Assessment is an educational wellness tool that asks you a series of questions drawn from validated research instruments, calculates summary scores across seven wellness pillars, and returns a personalized report and PDF. It is offered free of charge in its current form (the “Free Tier”). We may introduce paid services in the future, which will be offered under their own terms presented to you at the time of purchase.

The Service is for adults aged 18 or older. Before any assessment questions are presented, you must actively confirm that you meet this age requirement. Confirming you are 18 or older while you are not constitutes a breach of these Terms. If we discover an account or session belongs to someone under 18, we will delete the responses and any associated identifiers.

The Service includes questions that ask adults to reflect on experiences from before age 18; those questions are intended for retrospective reporting by adults and are not directed at children.

Note: under common-law principles, the contractual assent of a person under the age of majority is voidable. The active age-confirmation step is one of several measures we use to limit collection of responses from minors; it is not a substitute for parental supervision of an underage individual’s internet activity.

The Service uses token-based access rather than a traditional account with password. When you complete the assessment, we issue a unique results token that lets you return to your results page and download your PDF. You are responsible for the security of your token. We may revoke tokens if we reasonably believe they have been compromised, misused, or used in violation of these Terms.

You may use the Service to:

• Take the assessment for your own personal, non-commercial use.
• Save, print, and share your individual results.
• Discuss your results with a licensed healthcare provider of your choosing.
• Subscribe to our newsletter or other communications you have opted into.

You agree not to:

• Use the Service to provide medical advice to others.
• Submit responses on behalf of another individual without their informed consent.
• Scrape, mirror, reverse engineer, decompile, or otherwise attempt to derive the source code, structure, or scoring logic of the Service.
• Use the Service to harass, defame, or harm any individual or group.
• Interfere with the Service’s operation, including by submitting automated or bot traffic, denial-of-service attempts, or unauthorized access attempts.
• Use the Service in violation of any applicable law.

The Service’s source code, design, scoring engine, recommendation library, written content, brand marks, and visual elements are the property of Rhodium Ventures and protected by United States and international copyright, trademark, and trade-secret law. The assessment incorporates the following validated screening instruments, each of which remains the property of its copyright holder:

• PHQ-9 (Patient Health Questionnaire, 9-item)
• GAD-7 (Generalized Anxiety Disorder, 7-item)
• ACE-10 (Adverse Childhood Experiences, 10-item)
• PEG-3 (Pain, Enjoyment, General Activity, 3-item)
• IPAQ-SF (International Physical Activity Questionnaire, Short Form)
• AUDIT-C (Alcohol Use Disorders Identification Test, Consumption, 3-item)
• REAP-S (Rapid Eating Assessment for Participants, Short)
• SPI-8 (Stress Perception Index, 8-item)
• RSI-14 (Restorative Sleep Index, 14-item)
• SAI-2 (Substance Awareness Index, 2-item)
• ARI-6 (Adaptive Resilience Index, 6-item)
• WBI-5 (Wellbeing Index, 5-item)
• BCI-8 (Belonging & Connection Index, 8-item)
• DVI-6 (Daily Vitality Index, 6-item)
• RLI-6 (Rhythm & Light Index, 6-item)
• RQI-6 (Relational Quality Index, 6-item)
• PMI-8 (Purpose & Meaning Index, 8-item)
• GYI-9 (Yield Index, 9-item; Rhodium Ventures proprietary)

Each instrument is used under the license terms applicable to it. Specific attribution and licensing terms per instrument are confirmed in our internal instrument-licensing register and will be published here in a subsequent revision. counsel review pending

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Service for your personal use.

You retain ownership of the answers you provide. By submitting your responses, you grant us a non-exclusive, royalty-free, worldwide license to process those responses for the purposes of scoring your assessment, generating your report, sending you the results email and PDF, and operating the Service. Aggregate, anonymized statistics derived from many users’ responses may be used for research, product improvement, and reporting; we will not re-identify you in any aggregate analysis.

See our Privacy Policy for full detail on how your information is collected, stored, and handled.

The current Free Tier is offered without charge and without a payment relationship. We may introduce paid services in the future. Any such service will be offered under its own terms presented to you at the time of purchase, and will not be governed solely by these Terms. Your use of the Free Tier does not entitle you to any paid service.

The Service is an educational and informational tool. It is not a substitute for professional medical, mental-health, or psychological advice, diagnosis, or treatment. Your scores and recommendations are based on validated research instruments and curated educational content, but they do not constitute clinical diagnosis. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or symptom. Never disregard professional medical advice or delay in seeking it because of something you read in your assessment results.

The statements made in the assessment have not been evaluated by the United States Food and Drug Administration. The Service is not intended to diagnose, treat, cure, or prevent any disease.

The Service is not a crisis service, not a clinical service, and not a substitute for emergency care. It does not monitor your responses in real time, does not contact emergency services on your behalf, and does not have clinicians on call. If you are in crisis, call or text 988 (US Suicide & Crisis Lifeline), text HOME to 741741 (Crisis Text Line), or call 911 if you are in immediate danger.

Within a session, the Service may surface crisis-line references at three levels of prominence: a persistent inline reference on every results view; an elevated callout when your responses suggest you have been struggling recently; and a full-screen interstitial that gates your results when your responses include indicators of active risk. These are in-session triage at the moment your responses suggest distress; they are not real-time monitoring of your life outside the Service.

International crisis resources are listed on our Crisis Resources page.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

These Terms do not establish, and shall not be construed to establish, a physician-patient, counselor-client, therapist-client, or other clinical or professional services relationship between Rhodium Ventures and you. The Service is a self-reported wellness screening tool, not a clinical diagnostic, treatment, or therapy service.

Notwithstanding any other provision of these Terms, nothing in this Section limits or excludes Rhodium Ventures’ liability for: (a) personal injury or death caused by Rhodium Ventures’ negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any liability that cannot be excluded or limited under applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RHODIUM VENTURES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

This limitation has been drafted to preserve the cap for ordinary commercial claims while leaving personal-injury and similar claims to proceed without a contractual cap. The applicable-law savings clause preserves the rest of the cap if any specific carve-out is held unenforceable. counsel review pending

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

The wording of this section is pending review by retained counsel. Treat as a working draft.

You agree to defend, indemnify, and hold harmless Rhodium Ventures and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of applicable law, or your infringement of any third-party right.

The Service depends on third-party infrastructure providers, including Vercel (web hosting), Supabase (database and authentication infrastructure), Resend (transactional email), and others. Your use of the Service is subject to those providers’ availability, terms, and privacy practices. We are not responsible for outages, errors, or actions of third-party providers, but we will make commercially reasonable efforts to mitigate their impact.

We may change these Terms, the Privacy Policy, and other consent documents from time to time. Each version is recorded with an effective date and a content hash. When a material change takes effect, the next assessment session will re-prompt you for the relevant agreements before any new data is collected. Prior versions remain available on request.

We may also change features of the Service at any time, including the questions asked, the scoring logic, the recommendations returned, the design, and the availability of paid tiers. If a change materially reduces the Service’s functionality, we will note it on the homepage. We will not remove your historical assessment results without notice.

The wording of this section is pending review by retained counsel. Treat as a working draft.

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we reasonably believe violates these Terms or applicable law, or that is harmful to other users, us, or third parties. You may stop using the Service at any time. Termination does not by itself delete your historical responses; see the Privacy Policy for deletion requests.

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Bartow County, Georgia, and you consent to personal jurisdiction in those courts.

The wording of this section is pending review by retained counsel. Treat as a working draft.

Before initiating any formal legal proceeding, you agree to contact us in writing with a description of the dispute and the relief you seek, and to give us thirty (30) days to attempt to resolve the matter informally. The parties may by mutual written agreement elect to submit any dispute to binding arbitration under the rules of the American Arbitration Association; absent such agreement, Section 18 (Governing Law) controls.

If any provision of these Terms is found to be unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

The wording of this section is pending review by retained counsel. Treat as a working draft.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings, whether written or oral, on the same subject matter.

The wording of this section is pending review by retained counsel. Treat as a working draft.

Questions about these Terms can be sent to jared@flourishingassessment.com.