Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and TalentMind AI CORP, a Delaware corporation (“TalentMind,” “we,” “us,” or “our”), governing your access to and use of the TalentMind platform, websites, and related services (collectively, the “Services”).

By creating an account, clicking “I agree,” or using the Services, you accept these Terms. If you are using the Services on behalf of an entity, you represent that you have authority to bind it.

If you do not agree to these Terms, do not use the Services.

2.1. TalentMind provides an AI-assisted platform that analyzes interview recordings and other materials to evaluate candidate soft skills and cultural fit, and generates assessment reports, within the scope of your license.

2.2. The volume of your license, the number of users, the deployment environment and the scope of onboarding are set out in an Order Form signed by both parties. The Order Form forms part of these Terms and prevails over them on commercial matters. The features of the Services are not divided by license volume: volume sets how many candidates you may have assessed, not which features you can use.

2.3. We may modify, add, or discontinue features at any time, with reasonable notice of material changes affecting an active license.

3.1. You must be at least 18 years old and able to form a binding contract.

3.2. You are responsible for your account credentials and all activity under your account, and for the conduct of users you authorize.

You agree not to:

• use the Services in violation of any law or third-party rights, including employment, anti-discrimination, and privacy laws;
• upload content you lack the right to upload, or for which you have not obtained required notices or consents;
• reverse engineer, scrape, resell, or sublicense the Services, except as permitted;
• interfere with the Services or attempt unauthorized access;
• use the Services as the sole basis for an employment decision without appropriate human review.

AI-generated assessments are decision-support tools and may contain inaccuracies; you are responsible for your hiring decisions and for lawful, fair, non-discriminatory use.

5.1. You retain all rights to the data you upload (“Customer Data”). You grant us a limited license to process it to provide and improve the Services, as described in our Privacy Policy.

5.2. You are the controller of candidate personal information you upload and are responsible for required notices and consents; we act as your service provider/processor.

6.1. The license fee and the payment schedule are set out in the Order Form. The fee is calculated individually from the volume of the license (the number of Assessed Candidates), the number of users, the deployment environment, the extent to which assessment models are adapted to your requirements, and the scope of onboarding.

6.2. We do not publish license fees on talentmind.app. A quote is provided on request submitted through the website or to the contact details in the Contact section.

6.3. Unless the Order Form states otherwise, the license fee is payable in advance in U.S. dollars (USD) for the license term. Payments are processed by our payment providers; you authorize us to charge your payment method for all fees due.

6.4. If the number of Assessed Candidates exceeds the volume set out in the Order Form, the excess is invoiced in arrears on actual usage, no more than once per quarter. Access to the Services is not suspended because the volume has been exceeded.

6.5. Except as required by law, fees are non-refundable, and volume unused during the license term does not carry over to a subsequent term.

6.6. We may change fees prospectively for subsequent terms; you are responsible for applicable taxes other than taxes on our net income.

Before an Order Form is signed we may grant you a Trial: access to the Services for a limited period and a limited number of Assessed Candidates. A Trial is provided free of charge and “as is”, is not a license, and places neither party under an obligation to enter into an agreement. We may modify or discontinue a Trial at any time.

The Services (excluding Customer Data) are owned by TalentMind and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription for your internal business purposes. All other rights are reserved.

Each party will use the other's confidential information 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 rightfully received from a third party.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT RESULTS WILL BE ACCURATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. TALENTMIND'S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

You will defend, indemnify, and hold harmless TalentMind from third-party claims arising out of your Customer Data, your use of the Services, or your breach of these Terms or applicable law.

13.1. These Terms remain in effect while you use the Services. Unless the Order Form states otherwise, the license term is twelve (12) months from the date access is granted and renews for a further term unless either party gives notice of non-renewal before the current term ends.

13.2. We may suspend or terminate access if you breach these Terms, fail to pay, or create legal or security risk.

13.3. Provisions that should survive termination (fees owed, IP, confidentiality, disclaimers, liability, indemnification) will survive.

14.1. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

14.2. The parties will first try to resolve disputes informally; any dispute unresolved within thirty (30) days will be resolved by binding arbitration in the United States, except that either party may seek injunctive relief to protect its IP or confidential information.

14.3. You and TalentMind waive any right to a jury trial and to participate in a class action. These Terms are in the English language.

We may update these Terms. When we make material changes, we update the “last updated” date and provide notice. Continued use after changes take effect constitutes acceptance.

• TalentMind AI CORP (a Delaware corporation)
• Email: legal@talentmind.app
• Web: talentmind.app