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Terms of Service

Effective 2026-07-03 · Version 2026-07-03

These Terms of Service (“Terms”) govern your access to and use of LIFT Factor and any related products (the “Service”) offered by LIFT Consulting (“LIFT,” “we,” “us”). By creating an account, clicking “I agree,” or using the Service you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

1. The service

The Service is a learning-and-development platform delivered over the internet. It includes cohort-based curricula, AI- authored plans and coaching, assessments, role plays, reporting, and related features. LIFT may add, change, or remove features at any time.

2. Your account and subscription

  • You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
  • Subscriptions renew automatically at the end of each commitment term unless canceled in accordance with your plan. Fees, taxes, seat overages, per-run assessment charges, and other usage-based amounts are billed as they accrue.
  • You must give LIFT accurate billing information and keep it current. Failed payments may result in suspension.

3. Acceptable use

You agree not to, and not to permit any user to:

  • Copy, reproduce, adapt, translate, modify, or create derivative works of the Service, its user interface, its features, its workflows, or any output the Service generates, except to the extent required for your own internal use of the Service.
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, prompts, models, or structural design of the Service, except to the extent applicable law prohibits this restriction.
  • Use the Service, or any content, output, or data obtained from it, to build, train, fine-tune, benchmark, or improve any product or service that competes with the Service.
  • Scrape, crawl, spider, or otherwise systematically extract data from the Service; access the Service through automated means other than the documented APIs.
  • Circumvent, disable, or interfere with security, rate- limiting, or access-control features of the Service.
  • Rent, resell, sublicense, or transfer access to the Service to any third party without LIFT's prior written consent.
  • Use the Service to store or transmit unlawful, infringing, harassing, or malicious content; to violate anyone's privacy rights; or to spam.

LIFT may suspend or terminate access to any account that violates this Section. Violations may also give rise to claims for damages and injunctive relief.

LIFT reserves the right, at its sole discretion and without notice or explanation, to refuse, cancel, suspend, or revoke any free trial, evaluation account, or trial extension — including without limitation where LIFT reasonably suspects that a trial is being used to inspect, benchmark, copy, or derive competing functionality; where the sign-up appears to be from a competitor, an affiliate of a competitor, or a party acting on their behalf; where sign-up information is inaccurate or misleading; where the email address does not appear to be a bona-fide business address; or where prior trial accounts associated with the same person, organization, or payment method have already exhausted LIFT's trial allowance. No claim, refund, or credit shall arise from any such refusal, cancellation, or revocation.

4. LIFT's intellectual property

The Service, including all software, designs, workflows, AI prompts, model configurations, template libraries, brand marks, and documentation, is owned by LIFT or its licensors and is protected by copyright, trademark, trade secret, and other laws. Except for the limited right to use the Service as expressly permitted in these Terms, LIFT and its licensors reserve all rights.

“LIFT Factor,” “Assess Factor,” and related marks are trademarks of LIFT Consulting. No license to use those marks is granted by these Terms.

5. Your content

You retain ownership of the data, files, and content you or your users submit to the Service (“Customer Content”). You grant LIFT a worldwide, royalty-free license to host, process, transmit, display, and modify Customer Content solely to operate and improve the Service for you. LIFT does not use Customer Content to train foundation models for other customers.

6. AI-generated output

The Service uses large language models to generate coaching responses, plans, summaries, and other output (“Output”). You may use Output for your own internal business purposes. LIFT retains all right, title, and interest in the underlying prompts, workflows, and orchestration that produce Output. You may not use Output to build or improve a competing product (see Section 3).

Output is generated by machine and may be inaccurate, incomplete, or unsuitable for a given decision. You are responsible for reviewing Output before acting on it.

7. Privacy

LIFT's processing of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference.

8. Confidentiality

Each party will protect the other party's non-public business information disclosed in connection with the Service using at least the care it uses to protect its own similar information, and will use it only to perform under these Terms.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIFT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUT WILL BE ACCURATE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID LIFT FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The limitations above do not apply to breaches of Sections 3 (Acceptable Use), 4 (LIFT's Intellectual Property), or 8 (Confidentiality), or to indemnification obligations.

11. Indemnification

You will defend, indemnify, and hold LIFT harmless from any claim, demand, or damages arising out of Customer Content, your use of the Service in violation of these Terms, or your violation of applicable law.

12. Term and termination

These Terms remain in effect while you use the Service. Either party may terminate for material breach that remains uncured for thirty (30) days after written notice. LIFT may suspend or terminate immediately for violations of Section 3, for non-payment, or if required by law. On termination your access ends; sections that by their nature survive termination (including IP, confidentiality, disclaimers, limitations of liability, and dispute resolution) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict-of-laws principles. The exclusive venue for any dispute is the state and federal courts located in Dane County, Wisconsin, and the parties consent to the personal jurisdiction of those courts.

14. Changes to these terms

LIFT may update these Terms from time to time. Material changes will be posted here with a new effective date; continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms may be sent to matthewpletzer@gmail.com.