End-User License Agreement

This End-User License Agreement (“Agreement”) is a binding legal agreement between you (“you” or “User”) and HOLON Performance LLC (“HOLON Performance,” “we,” “us,” or “our”) governing your access to and use of the holonperformance.com website and any related software, applications, assessments, worksheets, frameworks, recordings, newsletters, and other digital materials we make available to you (collectively, the “Licensed Materials”).

By accessing, downloading, installing, or using the Licensed Materials, you agree to be bound by this Agreement. If you do not agree to these terms, do not access or use the Licensed Materials.

1. Grant of License

Subject to your continued compliance with this Agreement, HOLON Performance grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Licensed Materials solely for your own personal or internal business purposes.

This license does not transfer any ownership interest to you. It is a license to use, not a sale of, the Licensed Materials.

2. Restrictions

You may not, and may not permit any third party to:

• Copy, reproduce, republish, distribute, sell, rent, lease, sublicense, or otherwise commercially exploit the Licensed Materials;
• Modify, adapt, translate, or create derivative works based on the Licensed Materials;
• Reverse engineer, decompile, or disassemble any software component, except to the extent such restriction is prohibited by applicable law;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• Use the Licensed Materials to build, train, or improve a competing product, service, or machine-learning model;
• Share your account credentials or otherwise permit access by anyone other than you;
• Use automated means — including scrapers, bots, or crawlers — to access, harvest, or index the Licensed Materials without our prior written consent;
• Use the Licensed Materials in any manner that violates applicable law or infringes the rights of others.

3. Intellectual Property

The Licensed Materials, including all text, graphics, logos, methodologies, frameworks, assessments, and software, are owned by HOLON Performance or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in this Agreement are reserved.

4. User Accounts

Certain Licensed Materials require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at hello@holonperformance.com if you suspect unauthorized use.

5. User Content

If you submit content to us — including form responses, assessment answers, messages, or feedback — you retain ownership of that content. You grant HOLON Performance a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely as necessary to provide and improve the Licensed Materials and our services. You represent that you have the rights necessary to grant this license.

6. No Professional Advice

The Licensed Materials are provided for informational and developmental purposes. They do not constitute legal, financial, medical, psychological, or other professional advice, and they are not a substitute for therapy or clinical care. You are solely responsible for decisions you make based on the Licensed Materials.

7. Third-Party Services

The Licensed Materials may link to or integrate with services operated by third parties. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms.

8. Term and Termination

This Agreement remains in effect until terminated. We may suspend or terminate your license immediately, without notice, if you breach any term of this Agreement. You may terminate by ceasing all use of the Licensed Materials and deleting any copies in your possession. Sections 3, 5, and 9 through 13 survive termination.

9. Disclaimer of Warranties

THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE LICENSED MATERIALS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLON PERFORMANCE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LICENSED MATERIALS. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE LICENSED MATERIALS IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless HOLON Performance from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Licensed Materials or your breach of this Agreement.

12. Governing Law and Venue

This Agreement is governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. Any dispute arising under this Agreement will be brought exclusively in the state or federal courts located in Illinois, and you consent to their personal jurisdiction.

13. Changes to This Agreement

We may update this Agreement from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Licensed Materials after a change takes effect constitutes acceptance of the revised Agreement.

14. Entire Agreement and Severability

This Agreement is the entire agreement between you and HOLON Performance regarding the Licensed Materials and supersedes any prior understanding on that subject. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of it.

15. Contact

Questions about this Agreement can be sent to hello@holonperformance.com.

See also our Privacy Policy.