Legal

    Terms of Service

    The terms on which we take on an engagement, what a brief is and is not, and where responsibility sits on each side.

    What these terms cover

    These terms apply to the use of this website and to any personality and behavioural assessment engagement carried out by Élan Human. Each engagement is confirmed in writing by email before work begins; that confirmation, together with these terms, forms the agreement between us.

    What the service is

    An engagement provides deep personality and behavioural assessment for an important hire, executive appointment, finalist comparison or founding-team investment. The agreed scope includes individual assessment, relevant working relationships, a report, a decision briefing and practical priorities. Alma and MindFrame support assessment and synthesis; João Franqueira is responsible for the professional interpretation.

    Scope, price, participation and timing are agreed in writing before work starts, around the decision and participant availability.

    What the service is not

    A brief is an evidence-led professional judgement, not a prediction, a guarantee, or a clinical assessment. It is not a diagnosis, a medical or psychiatric opinion, a background check, a criminal record check, or a credit check.

    The assessment, decision or development purpose remains yours. You are responsible for making it lawfully, including compliance with employment, equality and data protection law in your jurisdiction. Nothing in a brief should be used as the sole basis for rejecting a participant, and nothing in it constitutes legal advice.

    Your responsibilities as a client

    You confirm that you have a legitimate interest in assessing the participant, that the participant has been told the review is taking place, and that the information you give us is accurate and lawfully held by you. You agree not to send us participant data we have not asked for.

    You agree to name in advance the people who will receive the brief, and to keep it within that group.

    Participant consent and fair treatment

    No participant is assessed without informed consent. A participant may decline, may withdraw consent at any point, and may ask what was examined and why. If consent is withdrawn we stop work and tell you; fees for work already performed remain payable.

    We will decline or discontinue an engagement if we believe the review is being used to justify a decision already made on unlawful grounds.

    Confidentiality

    We treat your identity, the role, the participant and the contents of the brief as confidential. We do not publish or reference client or participant names, and we do not use engagement material in marketing. The public use-case reports are fictional examples.

    You agree to treat the brief as confidential, to use it only for the agreed assessment, decision or development purpose, and not to publish, resell or redistribute it.

    Fees, payment and cancellation

    Fees are agreed in writing before work begins and are quoted exclusive of VAT where VAT applies. Invoices are payable within 14 days of issue unless agreed otherwise.

    If you cancel before the participant session is scheduled, nothing is payable. If you cancel after scheduling but before the session, 50 percent of the fee is payable. Once the session has taken place the full fee is payable, whether or not you proceed with the agreed decision.

    Intellectual property

    The methods, frameworks and templates used to produce a brief remain the property of Élan Human. On payment in full, you receive a perpetual licence to use the brief internally for the agreed assessment, decision or development purpose.

    Liability

    We will carry out each engagement with reasonable skill and care. Because a brief is advisory and the decision is yours, our total liability for any engagement is limited to the fees paid for that engagement. We are not liable for indirect or consequential loss, including loss of profit, opportunity, or the cost of a hire that does not work out. Nothing here limits liability that cannot be limited by law.

    Governing law and changes

    These terms are governed by Portuguese law and the courts of Portugal have jurisdiction, unless the engagement confirmation says otherwise. We may update these terms; the version published on this page at the time your engagement is confirmed is the one that applies to it.

    Questions about these terms: hello@elanhuman.com