Terms of Service

Last updated: June 17, 2026 · Entity: ExecSuccession, Inc. (“ExecSuccession,” “we,” “us”)

These Terms of Service (“Terms”) govern your access to and use of www.execsuccession.com and the ExecSuccession application and related services (together, the “Services”). By accessing or using the Services, or by entering into an order or subscription that references these Terms, you agree to be bound by them. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

The Services

ExecSuccession provides leadership risk and executive succession software that helps boards and executives document executive readiness, succession exposure, and key person risk. The Services are intended for business use by organizations and their authorized users.

Eligibility and accounts

You must be capable of forming a binding contract to use the Services. You are responsible for your account credentials, for all activity under your account, and for ensuring your authorized users comply with these Terms. Notify us promptly of any unauthorized use.

Customer data

As between the parties, you retain all rights to the organizational, role, candidate, assessment, development, and other data your organization enters into the Services (“Customer Data”). You grant us a limited license to host, process, and use Customer Data solely to provide, secure, and improve the Services and as described in our Privacy Policy. You are responsible for the accuracy of Customer Data and for having the necessary rights and lawful basis to provide it, including any personal information about your employees or candidates.

Acceptable use

You agree not to: use the Services unlawfully or in violation of third-party rights; upload malicious code; attempt to gain unauthorized access to the Services or other tenants' data; reverse engineer, decompile, or copy the Services except as permitted by law; scrape or harvest data; resell or provide the Services to third parties without authorization; or use the Services to make decisions in a manner prohibited by applicable employment, privacy, or anti-discrimination law.

Decision support, not professional advice

This is important. The Services, including readiness scores, risk indicators, AI-generated summaries, and board-ready artifacts, are decision-support tools. They are informational and do not constitute legal, financial, employment, investment, or other professional advice, and they do not direct or make personnel or governance decisions. AI informs; you govern. You remain solely responsible for your leadership, hiring, promotion, succession, and governance decisions and for ensuring those decisions comply with applicable law. You should apply independent human judgment and seek qualified professional advice where appropriate.

Fees and billing

Paid subscriptions and engagements are billed as set out in the applicable order or plan. Fees are invoiced and payable by ACH, wire transfer, or check on the terms stated in the applicable order (for example, due on receipt, net 30, or net 60), are stated exclusive of taxes unless noted, and are non-refundable except as required by law or expressly stated in an order. Subscriptions renew and may be changed or canceled as described in the applicable order or plan.

Intellectual property

We and our licensors own all rights in the Services, including the software, models, scoring methodology, design, and content we provide, excluding Customer Data. No rights are granted except the limited right to use the Services under these Terms. Feedback you provide may be used by us without restriction.

Confidentiality

Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or required to be disclosed by law.

Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any score, output, or artifact will be accurate, complete, or suitable for a particular decision.

Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability arising out of or relating to the Services will not exceed the amounts you paid to us for the Services in the twelve months before the event giving rise to the claim. These limits do not apply to a party's liability for its own willful misconduct or to obligations that cannot be limited under applicable law.

Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Services in violation of these Terms or applicable law, or decisions you make using the Services.

Term and termination

These Terms apply while you use the Services. Either party may terminate as set out in the applicable order, or where the other party materially breaches and does not cure within a reasonable period. On termination, your right to use the Services ends, and we will make Customer Data available for export for a limited period before deletion, consistent with our Privacy Policy.

Changes

We may update the Services and these Terms. Material changes will be posted here with an updated “Last updated” date, and where required we will provide notice. Continued use after changes take effect constitutes acceptance.

Governing law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. The parties submit to the courts located there, unless an order specifies an alternative forum or dispute-resolution process.

Miscellaneous

These Terms, together with any order, are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver.

Contact

ExecSuccession, Inc. Email: hello@execsuccession.com.