1.ACCEPTANCE OF TERMS
These Terms of Service ('Terms') constitute a legally binding agreement between TalanteEaseAI, operated by [INSERT COMPANY NAME] ('TalanteEaseAI', 'Company', 'we', 'us', or 'our'), and the individual or entity accessing or using the Platform ('Customer', 'you', or 'your').
By creating an account, subscribing to the Platform, accessing, or otherwise using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and any other policies incorporated herein by reference.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms, in which case the term 'Customer' shall refer to such entity.
If you do not agree to these Terms, you must not access or use the Platform.
3.SUBSCRIPTION PLANS (ANNUAL)
Access to the Platform is provided on a subscription basis under the subscription plans published by TalanteEaseAI from time to time.
Unless otherwise agreed in writing, subscriptions are purchased for a fixed annual term and are payable in advance.
Subscriptions automatically renew for successive annual periods unless cancelled by the Customer prior to the renewal date in accordance with these Terms.
Subscription fees are based on the selected subscription tier, user volume, feature set, or other usage metrics determined by TalanteEaseAI.
TalanteEaseAI reserves the right to modify subscription plans, pricing, features, or functionality upon reasonable notice to Customers. Any pricing changes shall apply upon renewal of the applicable subscription term.
4.STRIPE BILLING AND NO REFUND POLICY
All payments shall be processed through Stripe or another designated payment processor.
The Customer authorizes TalanteEaseAI and its payment processor to charge all applicable subscription fees, taxes, and other charges to the payment method provided.
All fees are payable in United States Dollars (USD) and are exclusive of applicable taxes, duties, levies, or governmental charges.
Subscription fees are non-cancellable and non-refundable. No refunds, credits, or partial refunds shall be provided for unused subscriptions, partial subscription periods, suspension of access due to Customer breach, or early termination by the Customer.
Failure to make timely payment may result in suspension or termination of access to the Platform.
5.LICENSE GRANT
Subject to compliance with these Terms and payment of applicable fees, TalanteEaseAI grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the subscription term to access and use the Platform solely for the Customer's internal recruitment, talent acquisition, and human resource management purposes.
No rights are granted except those expressly set forth herein.
The Customer shall not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Platform.
6.CUSTOMER RESPONSIBILITIES
The Customer shall be solely responsible for:
- all activities conducted through its accounts
- maintaining the confidentiality and security of login credentials
- ensuring the accuracy, legality, and completeness of all data uploaded to the Platform
- obtaining all necessary notices, consents, authorizations, and legal bases required for the collection, processing, storage, and transfer of candidate information
- compliance with all applicable employment, labor, privacy, anti-discrimination, and recruitment laws
The Customer shall not use the Platform for any unlawful, discriminatory, deceptive, fraudulent, or unethical purpose.
7.CANDIDATE DATA AND CUSTOMER DATA
The Customer retains all rights, title, and interest in and to Customer Data uploaded to the Platform.
The Customer represents and warrants that it possesses all rights, permissions, and legal authority necessary to provide such data to TalanteEaseAI for processing.
Candidate Data may include resumes, curriculum vitae, employment history, interview notes, assessments, candidate communications, skills information, and other personal information relating to applicants.
TalanteEaseAI shall process Customer Data solely for the purpose of providing, maintaining, securing, improving, and supporting the Platform.
The Customer acknowledges that it remains solely responsible for determining the purposes and means of processing Candidate Data and shall remain responsible for responding to candidate requests concerning access, correction, deletion, portability, or other applicable privacy rights.
8.AI FEATURES AND OPENAI USAGE
The Platform incorporates artificial intelligence technologies and may utilize third-party large language models and AI services, including services provided by OpenAI.
AI-powered features may include:
- extraction of skills and qualifications from resumes
- candidate matching and ranking
- candidate scoring
- job description generation
- interview assistance
- automated summaries and recommendations
The Customer acknowledges that AI-generated outputs are probabilistic in nature and may be inaccurate, incomplete, biased, misleading, or unsuitable for a particular purpose.
TalanteEaseAI shall not be liable and does not guarantee the accuracy, reliability, legality, completeness, fairness, or suitability of any AI-generated output.
The Customer remains solely responsible for independently reviewing and validating all AI-generated outputs before relying upon them.
9.RECRUITMENT DECISION DISCLAIMER
TalanteEaseAI provides technology tools intended solely to assist recruitment and talent acquisition processes.
TalanteEaseAI does not recruit, hire, employ, screen, select, reject, promote, compensate, discipline, or terminate candidates or employees.
Candidate scores, rankings, recommendations, assessments, suitability indicators, and other AI-generated outputs are advisory only and shall not be considered employment decisions.
The Customer acknowledges and agrees that all recruitment, hiring, promotion, compensation, employment, and workforce decisions remain solely the responsibility of the Customer.
TalanteEaseAI shall have no liability whatsoever arising from or relating to any hiring decision, employment decision, discrimination claim, labor dispute, regulatory investigation, or employment-related action taken by the Customer.
10.CONFIDENTIALITY
Each party agrees to maintain the confidentiality of all Confidential Information disclosed by the other party.
Confidential Information includes business information, technical information, software, pricing information, customer information, candidate information, product roadmaps, trade secrets, and proprietary materials.
Neither party shall disclose Confidential Information to any third party except as necessary to perform obligations under these Terms or as required by law.
These obligations shall survive termination of the subscription for a period of five (5) years, except with respect to trade secrets, which shall remain protected for so long as they remain trade secrets under applicable law.
11.INTELLECTUAL PROPERTY
TalanteEaseAI and its licensors retain all rights, title, and interest in and to the Platform, software, algorithms, artificial intelligence models, trademarks, documentation, interfaces, workflows, and all related intellectual property rights.
No ownership rights are transferred to the Customer.
Any feedback, suggestions, recommendations, enhancement requests, or improvement ideas submitted by the Customer may be used by TalanteEaseAI without restriction or compensation.
12.SERVICE AVAILABILITY
TalanteEaseAI shall use commercially reasonable efforts to maintain the availability of the Platform.
The Customer acknowledges that interruptions may occur due to maintenance, upgrades, security measures, third-party service failures, internet disruptions, cloud infrastructure issues, or events beyond TalanteEaseAI's reasonable control.
TalanteEaseAI does not guarantee uninterrupted or error-free operation of the Platform.
13.ACCEPTABLE USE
The Customer shall not:
- upload unlawful, defamatory, discriminatory, harmful, or infringing content
- use the Platform in violation of employment, labor, anti-discrimination, or privacy laws
- attempt to gain unauthorized access to the Platform
- reverse engineer, copy, scrape, or extract data from the Platform
- interfere with the operation or security of the Platform
- use the Platform to develop competing products or services
14.SUSPENSION AND TERMINATION
TalanteEaseAI may suspend or terminate access immediately upon notice where:
- the Customer breaches these Terms
- payment obligations are not satisfied
- the Customer engages in unlawful or prohibited activities
- continued provision of services may expose TalanteEaseAI to legal, regulatory, or security risks
Upon termination, all licenses granted under these Terms shall immediately cease.
15.DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALANTEEASEAI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR PERFORMANCE.
TALANTEEASEAI DOES NOT WARRANT THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, FAIR, LEGALLY COMPLIANT, OR SUITABLE FOR EMPLOYMENT DECISIONS.
16.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALANTEEASEAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA.
IN NO EVENT SHALL TALANTEEASEAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO TALANTEEASEAI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17.INDEMNIFICATION
The Customer shall defend, indemnify, and hold harmless TalanteEaseAI, its affiliates, officers, directors, employees, and agents from and against all claims, losses, liabilities, damages, penalties, fines, costs, and expenses arising from:
- Customer Data
- Candidate Data
- violation of applicable laws
- employment-related claims
- discrimination claims
- misuse of AI-generated outputs
- breach of these Terms
18.NEW YORK GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
19.AAA ARBITRATION
Any dispute arising out of or relating to these Terms shall first be subject to good faith negotiations between the parties.
If unresolved within thirty (30) days, such dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The seat of arbitration shall be New York, New York.
Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief from any court of competent jurisdiction to protect confidential information or intellectual property rights.