The terms, in plain order.
Two sections deserve your attention before you buy: section 4, on what the EEI™ is not and how it may not be used, and section 6, on keeping the instrument’s contents confidential. Everything else is what you would expect.
These Terms of Service (“Terms”) govern your access to and use of the EXCEED EXEC™ platform — including the Exceed Executive Index (EEI™), Exceed Coach, Exceed Voice Coach, and Exceed Journal (together, the “Platform”) — and the website at www.exceed-exec.com (the “Site”), operated by Shock Point, LLC (“ShockPoint,” “we,” “us,” or “our”).
By accessing or using the Platform you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1.Who may use the Platform
1.1 Invitation only. Access is granted through a personal, non-transferable invite link. You may not share your link or give any other person access to your account, your assessment, or your Brief.
1.2 Age. You must be 18 or older.
1.3 Individual capacity. The Platform is sold to and used by you as an individual, for your own development. If your employer pays for your seat, that does not give your employer any right to your responses, your profile, or your Brief — see section 4.3.
1.4 Accurate information. You agree to provide accurate information. Knowingly false information is grounds for termination.
2.What the Platform is
2.1 Exceed Executive Index (EEI™). A structured leadership judgment assessment, available by either of two paths:
- —a structured instrument of 38 items — 17 judgment scenarios, five of which are presented twice under composed and compressed conditions, plus 16 behavioral items — taking roughly 27 minutes; and
- —a narrative instrument, and an optional post-scoring Depth Module of up to three written prompts.
2.2 Executive Readiness Brief. Your scored profile — domain scores, weighted composite, readiness band, strengths, blind spots, and development priorities — delivered by email.
2.3 Exceed Coach. AI-supported coaching anchored to your Brief, with decision journaling and pressure debriefs.
2.4 Exceed Voice Coach. Telephone access to a conversational coaching agent — see section 5.
2.5 Exceed Journal. Structured decision journaling with search.
2.6 Reassessment. Bundle and Founding Cohort purchases include one EEI™ reassessment at month 12 from your original assessment, measuring change against your original profile. Reassessment uses whatever version of the instrument is current at that time, is scored and reviewed the same way as your original Brief, and does not extend or restart Coach access.
ShockPoint may modify, add, or remove features with reasonable notice.
3.How your assessment is scored
3.1 Deterministic scoring. Structured EEI™ responses are scored by a deterministic engine running inside our own application. No AI model is called during scoring; identical responses always produce an identical profile. Engine and item-bank versions are recorded with every submission.
3.2 AI assistance. Narrative responses are interpreted with assistance from Anthropic’s Claude. Exceed Coach and Voice Coach responses are AI-generated. AI output can be incomplete, inaccurate, or inconsistent.
3.3 Human review before release. Every Executive Readiness Brief is held and reviewed by a trained human assessor before it is released to you. We do not commit to a fixed turnaround time.
4.What the EEI™ is not — and how it may not be used
Read this section carefully.
4.1 Evidence status. The EEI™ is a pre-norming instrument. Its readiness bands are provisional and subject to re-anchoring when norming is complete. It has not been submitted for peer review, clinical validation, or certification by any professional, scientific, or regulatory body.
4.2 It is not. The EEI™ is not a clinically or psychometrically validated instrument; not a personality assessment; not a psychiatric, psychological, medical, or clinical tool; not a substitute for therapy, counseling, or mental health services; and not a predictor of future performance, fitness for a role, or fitness for duty.
4.3 It may not be used for employment decisions. You may not present your Brief, and ShockPoint will not provide it, as a basis for hiring, promotion, selection, retention, termination, licensing, or credentialing decisions — whether about you or anyone else. ShockPoint does not disclose your individual results to your employer, including where your employer paid for your seat.
The Platform contains a cohort-reporting capability (“EEI Select”) that is disabled by default. It cannot be enabled before the instrument completes Phase-2 norming, and then only with authenticated access and a separately retained record of your written consent.
4.4 No professional relationship. Use of the Platform does not create a coaching, consulting, therapeutic, fiduciary, or other professional relationship with ShockPoint or with James G. Kent personally. Nothing on the Platform is professional, legal, medical, or financial advice.
4.5 Your judgment governs. Do not make significant career, organizational, or personal decisions solely on the basis of EEI™ results or Coach responses.
5.Voice Coach
Voice Coach connects a telephone call to a conversational speech agent, which draws on your EEI™ profile and recent decision entries to respond.
- —A spoken notice at the start of each call explains how the call is processed. Continuing the call is your agreement to proceed; you may hang up instead.
- —ShockPoint does not record or store your call audio and does not store a transcript.
- —Standard carrier charges may apply. ShockPoint is not responsible for them.
- —Voice Coach is subject to the availability of third-party telephony and speech services and may be unavailable without notice.
- —Voice Coach is not an emergency service and must not be used in an emergency.
6.Permitted use and instrument security
You may use the Platform solely for your own development. You may not:
- —share, resell, sublicense, or transfer your access, your assessment, or your Brief;
- —disclose, reproduce, photograph, transcribe, or publish the assessment items, scenarios, response options, scoring logic, rubrics, statement bank, or coaching prompts, in whole or in part, to any person or system;
- —submit assessment content to any third-party service, including any AI system, for the purpose of generating or improving responses;
- —reverse-engineer, decompile, scrape, or attempt to derive the instrument’s scoring or item structure;
- —submit deliberately false or fabricated responses;
- —circumvent access controls, or use bots, scripts, or automated tools;
- —use the Platform in violation of law or these Terms.
The restrictions in this section are material. The instrument’s validity depends on its items remaining undisclosed, and they are maintained as trade secrets and as secure test materials. Breach is grounds for immediate termination without refund, and for any remedy available at law or equity.
7.Fees, renewal, and refunds
7.1 Prices.
| Product | Price |
|---|---|
| EEI™ (standalone) | $749 one-time |
| Exceed Coach — monthly | $249/month, auto-renewing |
| Exceed Coach — annual | $1,995/year, auto-renewing |
| Bundle — EEI™ + 12 months Coach | $2,495 one-time |
| Founding Cohort Bundle — first 50 paid seats | $1,995 one-time |
Payment is processed by Stripe; ShockPoint does not store payment instrument data. Prices exclude applicable taxes, which we collect where required.
7.2 Subscription auto-renewal. Coach subscriptions renew automatically at the price and interval shown at purchase until you cancel.
- —You may cancel at any time, effective at the end of the then-current period, by emailing contact@shockpoint.io. Your email is the cancellation — it takes effect on receipt, we confirm in writing, and we will never require a call.
- —Annual renewals are charged automatically to the payment method on file, and a receipt is emailed for every charge. You can cancel a renewal at any time before it is charged by emailing us as above.
- —We give at least 30 days’ notice of any price change to a renewing subscription. You may cancel before it takes effect.
7.3 Founding Cohort. The Founding Cohort is limited to the first 50 paid Bundle purchases. A seat is claimed on completed payment, not on application or offer. When the cohort closes, the Bundle reverts to list price.
7.4 Price protection. Founding Cohort members hold the $1,995 Founding price for 12 months from the date of purchase. After 12 months, renewal is at the then-current list price, with at least 30 days’ notice of the change under section 7.2.
7.5 Refunds.
- —EEI™ and Bundle: full refund on request at any time before you begin the assessment. Once you have begun the assessment, the fee is non-refundable, because scoring and human assessor review are performed at that point.
- —Coach subscriptions: cancellable at any time for future periods. Elapsed periods are not refunded.
- —Founding Cohort: a refunded seat is released back to the cohort, and the Founding price does not survive a refund.
- —To request a refund, email contact@shockpoint.io.
7.6 Chargebacks. If you have a billing concern, contact us first — we will resolve legitimate ones directly and faster than a card dispute. We may suspend Platform access while a chargeback is pending.
8.Intellectual property
8.1 ShockPoint IP. The instrument, items, scenarios, scoring engine and constants, rubrics, statement bank, Brief format, coaching prompts, frameworks, branding, and all associated intellectual property are owned by or licensed to Shock Point, LLC. Nothing in these Terms transfers ownership to you. “EXCEED EXEC™,” “EEI™,” and “ShockPoint” are marks of Shock Point, LLC.
8.2 Your content. You retain ownership of your narrative responses, journal entries, and coaching messages. You grant ShockPoint a limited, non-exclusive, non-transferable licence to process them solely to produce your Brief, operate your Coach and Journal, and — in aggregated, de-identified form — to operate and improve the Platform.
8.3 Research use is separate. Use of your data for instrument reliability or norming research is not covered by section 8.2 and occurs only under separate, explicit, opt-in consent, which you may decline or withdraw without affecting your Brief, your Coach access, your price, or your standing in the cohort. See the Privacy Policy, section 7.
8.4 Your Brief. Your Brief is generated for you and you may use it for your own development. You may not redistribute it commercially, present it as a ShockPoint-endorsed professional evaluation, or use it contrary to section 4.3.
8.5 Feedback. If you give us feedback about the Platform, we may use it to improve the Platform without obligation to you. Feedback is not confidential unless you tell us in writing that it is.
9.Privacy
Your personal data is handled under the EXCEED EXEC™ Privacy Policy, incorporated into these Terms by reference.
10.Disclaimer of warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SHOCKPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR RELIABILITY OF ASSESSMENT RESULTS OR AI-GENERATED OUTPUT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY PARTICULAR OUTCOME FROM USE OF THE PLATFORM.
11.Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
11.1 SHOCKPOINT’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
11.2 SHOCKPOINT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL.
11.3 Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any liability that cannot be limited or excluded under applicable law.
12.Indemnification
You will defend, indemnify, and hold harmless Shock Point, LLC and James G. Kent from claims arising out of your use of the Platform in violation of these Terms, your violation of law, your misrepresentation of the EEI™ or your Brief to any third party, your disclosure of instrument content in breach of section 6, and content you submit that infringes a third party’s rights.
13.Termination
13.1 By ShockPoint for cause. We may suspend or terminate access for breach of these Terms — including breach of section 6 — or for conduct harmful to the Platform or other users, effective immediately and without refund.
13.2 By ShockPoint without cause. We may discontinue your access without cause on 30 days’ written notice, refunding the unused portion of any prepaid period on a pro-rata basis.
13.3 By you. You may stop using the Platform at any time and request deletion using the contact details in section 16.
13.4 Survival. Sections 4, 6, 8, 10, 11, 12, 14, and 15 survive termination.
14.Governing law and disputes
These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.
Talk to us first. Before filing anything, email contact@shockpoint.io describing the dispute and the resolution you want. We will respond within 30 days and try to resolve it directly. Most things end here.
If that does not resolve it, the state and federal courts located in Madison County, Alabama have exclusive jurisdiction, and both parties consent to venue there. This does not prevent either party from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
15.General
These Terms, together with the Privacy Policy, are the entire agreement between you and ShockPoint. If any provision is unenforceable, the rest remains in force. Failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; ShockPoint may assign them, including on merger or sale of assets. Neither party is liable for failure to perform caused by events beyond its reasonable control.
Modifications. We may update these Terms. For material changes we will notify you by email and update the “Last updated” date above. Changes that materially reduce your rights take effect no sooner than 30 days after notice. A price change affecting a renewing subscription is governed by section 7.2.