TERMS OF USE

Last Updated: February 26, 2025

1. ACCEPTANCE OF TERMS

Welcome to Talantly.ai. These Terms of Use (“Terms”) constitute a legally binding agreement between you (whether an individual or entity) and Talantly.ai (“we,” “our,” or “us”) governing your access to and use of the Talantly.ai website, mobile application, and services (collectively, the “Service”).

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. ELIGIBILITY

You must be at least 18 years of age to use our Service. By using our Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement.

If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

3. ACCOUNT REGISTRATION

3.1 Account Creation

To access certain features of the Service, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to a violation of these Terms, without notice or liability.

4. LICENSE AND SERVICE USE

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes.

4.2 Restrictions

You agree not to, and will not permit others to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights
  • Attempt to reverse engineer, decompile, or disassemble any portion of the Service
  • Access or use the Service to build a similar or competitive product or service
  • Upload or transmit viruses, malware, or other malicious code
  • Interfere with or disrupt the integrity or performance of the Service
  • Collect or harvest any information from the Service unless expressly authorized
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity
  • Engage in any activity that could disable, overburden, or impair the Service

4.3 Updates and Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. USER CONTENT

5.1 Ownership and License

Any content that you submit, upload, or otherwise make available through the Service (“User Content”) remains your property. However, by providing User Content, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Service.

5.2 Representations and Warranties

You represent and warrant that:

  • You own or have obtained all necessary rights, licenses, consents, permissions, and authorizations to use and share the User Content
  • The User Content does not and will not violate any third-party rights, including intellectual property rights and privacy rights
  • The User Content complies with these Terms and all applicable laws and regulations

5.3 Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We are not responsible for the accuracy, completeness, appropriateness, or legality of User Content.

5.4 User Responsibility for Uploaded Content

You are solely responsible for all files and content that you upload to the Service. Before uploading any documents or information, you must review them and remove any sensitive personal information not required for the intended purpose of using our Service. While we implement security measures to protect data on our platform, we cannot be responsible for sensitive information that you choose to include in your uploaded files. If you have security concerns about specific data, you must remove such information before uploading files to our platform.

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

The Service and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and the look and feel of the Service (collectively, “Our Content”), are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Feedback

If you provide us with any feedback, suggestions, improvements, or recommendations regarding the Service (“Feedback”), you hereby grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

7. THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, services, or resources. If you access any third-party website, service, or resource, you do so at your own risk and are subject to the terms and conditions of use applicable to such websites, services, or resources.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law.

11. CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time without prior notice. The updated Terms will be effective immediately upon posting on the Service, and your continued use of the Service after such posting constitutes acceptance of the updated Terms.

12. TERMINATION

We may terminate or suspend your access to all or part of the Service, without notice or liability, for any reason, including without limitation if you breach these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. ENTIRE AGREEMENT AND SEVERABILITY

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

14. WAIVER AND ASSIGNMENT

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice to you. You may not assign any of your rights or obligations under these Terms without our prior written consent.

15. SPECIAL PROVISIONS FOR SPECIFIC JURISDICTIONS

15.1 European Union

If you are located in the European Union, nothing in these Terms affects your statutory rights as a consumer or excludes or limits our liability for fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence.

15.2 California Residents

If you are a California resident, California Civil Code Section 1789.3 requires us to provide the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us through our contact form at: Website: talantly.ai/contact/

Please use the contact form for all inquiries, including legal questions, dispute resolution, and general questions about our terms and policies.

17. AI TECHNOLOGY USAGE

17.1 Text Analysis and AI Processing

Our Service utilizes artificial intelligence technology to analyze text extracted from documents you upload. When you upload documents to our Service:

  • We extract text from your documents rather than sending the entire documents themselves to third-party AI services
  • This extracted text is used in prompts sent via API to AI models (specifically Claude AI by Anthropic)
  • The AI analysis generates reports based on the extracted text

17.2 Data Processing Limitations

You acknowledge and agree that:

  • The accuracy and quality of AI-generated reports depends on the quality and content of the text you provide
  • Our AI technology is designed to assist in analysis but should not replace human judgment in recruitment decisions
  • We implement safeguards to protect data during the AI analysis process, but no technology is infallible

17.3 Authorized Use

By uploading documents to our Service, you authorize us to process the text content using AI technology as described in this section and in our Privacy Policy. If you do not want your content processed by AI technology, you should not use our Service.

18. DATA RETENTION AND TERMINATION

18.1 Data Retention

Upon termination or deactivation of your account, we will handle your data in accordance with our Privacy Policy. As detailed in the Privacy Policy:

  • Documents you upload remain stored until explicitly deleted by you
  • You can delete individual files, candidate records, or vacancies through the application interface
  • Data in our backup systems may persist for up to 6 months after deletion from active systems

18.2 Post-Termination Access

Following account termination, you will no longer have access to your account or any content associated with it. However, you may request export of your data as described in our Privacy Policy by contacting us through the contact form at talantly.ai/contact/.

19. API AND INTEGRATIONS

19.1 API Access

We may offer API access to the Service. When API access becomes available, use of the API will be subject to additional terms that will be provided at that time.

19.2 Third-Party Integrations

The Service may support integrations with third-party services. Your use of any third-party integrations is subject to the terms of service and privacy policies of those third parties in addition to these Terms.

20. SUPPORT AND SERVICE LEVELS

20.1 Customer Support

Customer support is provided via the contact form at talantly.ai/contact/ or through the support chat available on our website. Support is available 24/7, but response times may take up to 7 days.

20.2 Service Availability

While we strive to maintain continuous Service availability, we do not guarantee uninterrupted access to the Service. We reserve the right to suspend or limit access to the Service for maintenance, upgrades, or other operational reasons.

21. USAGE LIMITATIONS

21.1 Current Usage Policy

At the current stage, there are no specific usage limits. However, we reserve the right to block or limit access to users engaging in unhealthy usage patterns, exploitation of the Service, or violations of these Terms.

21.2 Future Usage Limits

When monetization is implemented, usage will be subject to plan limits that will be specified at that time. By continuing to use the Service after such limits are implemented, you agree to abide by the limits of your selected plan.

22. BETA ACCESS PROGRAM

22.1 Early Access

We offer a Beta/Early Access program for our Service. Access to this program can be requested through the form available at https://talantly.ai/#access.

22.2 Beta Program Terms

Participation in our Beta program is subject to the following additional terms:

  • The Beta version of the Service may contain bugs, errors, or other issues
  • We may collect additional feedback and usage data from Beta users
  • Beta features may be modified, limited, or discontinued without notice
  • Beta access may be revoked at any time at our sole discretion
  • No guarantee of availability or continuity of Beta features when they move to general availability