Terms of Service

Effective Date: 06/01/2025
Last Updated: 07/24/2025

Welcome to Talentz.ai, a platform operated by TALENTZ AI Inc and its affiliates, a Delaware corporation ("TALENTZ AI," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Talentz.ai website (www.talentz.ai) and all associated services, applications, and platforms (collectively, the "Service").

By accessing or using the Service, you agree to be legally bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree with these Terms, do not use the Service.

1. Acceptance of Terms

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER

These Terms of Service contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below, or where prohibited by applicable law, you agree that disputes between you and TALENTZ AI Inc regarding your use of the Service will be resolved by binding, individual arbitration. You waive your right to participate in a class action lawsuit or class-wide arbitration.

If you do not agree to these Terms of Service or any part of them, your sole remedy is to not use the TALENTZ AI Inc. website or the Service. Violation of any of the Terms below will result in termination of your right to use the Service and any account you may have created. You agree to use the Service at your own risk.

Key Points:

  1. Your access to and use of the TALENTZ AI Inc. Service is subject to these Terms. We reserve the right to update and change these Terms from time to time. While we may not always provide advance notice, if we make material changes, we will notify you through the Talentz.ai platform or via the email associated with your account. Such modified Terms will become effective upon the earlier of:
    • (i) your continued use of the Service after notification; or
    • (ii) thirty (30) days from the date of posting on this page.
  2. Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal and organizational data.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or by email. Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

2. User Accounts & Access

To access certain features of the Service, you may be required to register for a user account.

Eligibility

You must be at least 18 years old to use the Service. By creating an account, you confirm that you are legally eligible to do so and have the authority to accept these Terms.

Account Information

You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Talentz.ai supports single sign-on (SSO) and multi-factor authentication (MFA) to help secure user access. We strongly recommend enabling MFA to enhance the security of your account. You must immediately notify us atsupport@talentz.ai if you suspect any unauthorized access or use of your account.

Restrictions

You may not share your account or allow others to use it. You may not create multiple accounts for the same purpose or impersonate any other person or entity.

Termination of Accounts

TALENTZ AI reserves the right to suspend or permanently terminate any user account, with or without notice, if it determines in its sole discretion that the account:

  • Has been inactive for an extended period
  • Has been used in a manner that violates these Terms
  • Presents a security risk, including unauthorized access, password sharing, or suspicious activity
  • Is found to be fraudulent, abusive, or otherwise harmful to the integrity of the Service.

You acknowledge that account termination may result in the deletion of associated data, unless otherwise required by applicable law or stated in our Data Retention Policy.

TALENTZ AI Inc. follows industry-standard practices for data security and user access control, including encryption, secure hosting, and access logging, to protect your information and the integrity of the Service.

3. Code of Conduct

To maintain a professional, respectful, and inclusive environment for all users, you agree to the following standards when using the TALENTZ AI Inc. platform:

Acceptable Use

You agree to:

  • Use the Service only for lawful, authorized purposes
  • Provide accurate information and keep it updated
  • Respect the rights and dignity of other users and candidates
  • Abide by all applicable laws and regulations

Unacceptable Behavior

You may not:

  • Use the Service to post or transmit any content that is unlawful, abusive, defamatory, harassing, obscene, or otherwise objectionable
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Attempt to access or tamper with accounts, data, or systems that do not belong to you
  • Upload or transmit viruses, malware, or any other harmful code
  • Use bots, scrapers, or similar tools to extract data from the Service without written permission
  • Engage in any behavior that undermines the integrity, security, or operation of the Service
  • Manipulate, interfere with, or misuse AI-driven assessments or insights for the purpose of distorting evaluation outcomes or gaining unfair advantage in hiring, promotion, or ranking processes

Enforcement

TALENTZ AI reserves the right to monitor use of the Service and remove content or suspend accounts that violate this Code of Conduct, without notice. Repeated or serious violations may result in permanent termination of access and deletion of associated data.

If you witness or experience any conduct that violates these Terms, please report it to support@talentz.ai.

4. Service Availability and Modifications

TALENTZ AI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

5. Psychometric Data Collection

TALENTZ AI Inc. collects psychometric, cognitive, and behavioral data directly from candidates as part of its hiring and talent development services. These data points are gathered through structured assessments and evaluations provided during candidate engagement.

By proceeding with any assessment or application process via the TALENTZ AI Inc. platform, you:

  • Explicitly consent to our collection and processing of your data as described in our Privacy Policy
  • Acknowledge that your assessment results may be shared with the hiring organization for purposes of recruitment, internal mobility, or employee development
  • Understand that TALENTZ AI Inc. does not use or provide these assessments for any psychological diagnosis or medical purpose

TALENTZ AI Inc. is committed to complying with all applicable data protection and anti-discrimination laws, including:

  • The Equal Employment Opportunity Commission (EEOC) guidelines on fair and job-relevant assessments
  • The California Consumer Privacy Act (CCPA) and similar state-level privacy regulations in the U.S.

Your results may be reused with your consent when applying to multiple positions across the TALENTZ AI Inc. network. If you wish to delete your data or withdraw from consideration, you may do so by contacting privacy@talentz.ai. Deleted data will be permanently removed after 30 days unless otherwise required by applicable law.

6. Ownership; Proprietary Rights

All content, features, functionality, and intellectual property available through the TALENTZ AI Inc. platform—including but not limited to text, graphics, logos, software, algorithms, assessments, methodologies, reports, audio, video, and user interfaces—are the exclusive property of TALENTZ AI Inc and its licensors. These are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly permitted by TALENTZ AI in writing, you may not:

  • Copy, reproduce, republish, upload, post, transmit, or distribute any part of the Service or its content
  • Modify, reverse engineer, or create derivative works based on the Service or its technology
  • Use any trademarks, logos, or branding without our prior written consent
  • Claim any ownership over the data structures, scoring systems, or psychometric models presented in the Service
  • Use the platform, APIs, or data feeds in any white-labeled, rebranded, or embedded implementation without express written approval and a separate licensing agreement

You retain ownership of any personal data and content that you submit through the platform, including assessment responses, documents, or other materials.

However, by submitting content, assessments, or responses through the Service, you grant TALENTZ AI Inc. a limited, non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, analyze, and modify such content solely for the purpose of operating, maintaining, enhancing, and improving the platform and services. This license does not grant TALENTZ AI the right to sell, publicly display, or otherwise exploit your content for commercial gain outside the platform's core functionality.

Any rights not expressly granted to you under these Terms are reserved by TALENTZ AI Inc.

7. Feedback License

If you provide suggestions, ideas, or feedback to TALENTZ AI about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that Feedback into our products and services without any obligation to you.

8. Employment Decisions

TALENTZ AI Inc does not make hiring or employment decisions. The Service provides tools for evaluating talent, including psychometric assessments, skill-based evaluations, and culture-fit analysis. However, any decision to hire, reject, interview, promote, or otherwise act on information provided through Talentz.ai is made solely by the employer.

You acknowledge and agree that:

  • TALENTZ AI is not responsible for the outcome of any employment-related decisions
  • Employers are solely responsible for compliance with applicable hiring laws and regulations
  • TALENTZ AI makes no representations, warranties, or guarantees regarding employment outcomes, candidate suitability, or organizational fit
  • Employers using our platform are expected to review data responsibly and to comply with all legal requirements related to non-discrimination, fair hiring practices, and data handling
  • Employers are solely responsible for their compliance with applicable Equal Employment Opportunity Commission (EEOC) regulations and all other federal, state, and local employment laws

TALENTZ AI Inc. shall not be held liable for any hiring, promotion, rejection, or employment decision made by any third party using the platform. All such decisions are made at the sole discretion and risk of the employer.

9. Disclaimer of Warranties

The Service and the Talentz.ai website, including all materials, information, and content provided, are offered on an "as is" and "as available" basis, withno warranties of any kind.

TALENTZ AI Inc. and its licensors expressly disclaim, to the fullest extent permitted by law, allexpress, implied, and statutory warranties, including but not limited to:

  • Merchantability,
  • Fitness for a particular purpose,
  • Accuracy,
  • Completeness,
  • Availability,
  • Security, and
  • Non-infringement of proprietary rights.

TALENTZ AI does not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • The quality of any assessments, information, or insights will meet your expectations
  • Any errors will be corrected

Any decisions you make using the platform such as hiring or promotion are your responsibility. Psychometric assessments, candidate responses, and evaluation tools are designed for recruitment, internal mobility, and talent development only. They are not medical or psychological diagnoses, and TALENTZ AI makes no claims beyond workplace assessment use.

Use of the platform does not constitute legal, compliance, or professional advice.

If you use third-party tools, APIs, or links from within the Service, you do so at your own risk. TALENTZ AI makes no warranties for third-party content or data.

Certain jurisdictions do not allow the exclusion of some warranties. In such cases, parts of this section may not apply to you.

10. Limitation of Liability

To the fullest extent permitted by law, TALENTZ AI Inc. and its affiliates shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to your use of the Service. In no event shall TALENTZ AI's total liability exceed the greater of one hundred U.S. dollars ($100) or the amount paid by you to TALENTZ AI in the six (6) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless TALENTZ AI Inc, its affiliates, officers, directors, employees, contractors, partners, licensors, and agents from and against any and all claims, liabilities, damages, losses, or expenses—including reasonable legal and accounting fees—arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any misrepresentation made by you
  • Any content or data submitted through your account, including by any party using your credentials

TALENTZ AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

12. International Use

The Service is controlled and operated from the United States and is intended for users located within the U.S. If you choose to access or use the Service from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.

TALENTZ AI Inc. makes no representations that the Service or any content, materials, or features available on or through the Service are appropriate or available for use in other locations. Accessing the Service from jurisdictions where the content is illegal or prohibited is expressly disallowed.

When you access or use the Service from outside of the United States:

  • You are responsible for ensuring that your use of the Service complies with all applicable local laws and regulations
  • Your personal information may be transferred to, stored, and processed in the United States, where data protection and privacy regulations may differ from those in your country
  • You consent to the collection, use, and disclosure of your personal data as described in the TALENTZ AI Inc. Privacy Policy, including its cross-border transfer
  • TALENTZ AI Inc. is committed to compliance with applicable international data protection regulations, including the General Data Protection Regulation (GDPR), for users located in the European Union

13. Third-Party Websites and Services

The Service may contain links to, or otherwise make available, third-party websites, products, services, or resources ("Third-Party Services") solely as a convenience to you. TALENTZ AI Inc. does not endorse and is not responsible or liable for:

  • The availability or accuracy of such Third-Party Services
  • The content, products, or services on or available from such Third-Party Services
  • Any transactions you may enter into with such third parties

Use of Third-Party Services is at your own risk, and you acknowledge and agree that TALENTZ AI Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such Third-Party Services.

This includes any integrated tools offered within the Service, such as third-party assessment providers, analytics integrations, or automation platforms. When you access or use a Third-Party Service—including via integration or link from the TALENTZ AI Inc. platform—you are subject to that third party's terms and conditions and privacy policy, not ours. We encourage you to read and understand their policies before proceeding.

14. Notification of Claims of Infringement

If you believe your intellectual property has been used in a way that violates your rights, notify us at: legal@talentz.ai

Include:

  • A description of the infringing material
  • Your contact info (name, address, email)
  • A statement of good faith belief that use is unauthorized
  • A statement under penalty of perjury that the information is accurate and you're authorized to act
  • Your physical or electronic signature

15. Dispute Resolution – Arbitration & Class Action Waiver

15.1 Informal Dispute Resolution

Before initiating any legal or arbitration proceeding, you agree to first attempt to resolve the dispute informally by contacting TALENTZ AI Inc. at support@talentz.ai. Your written notice must include your name, contact information, a description of the issue, and the relief sought. Both parties will attempt to resolve the dispute in good faith within thirty (30) days.

15.2 Binding Arbitration

If the dispute is not resolved informally, you or TALENTZ AI may elect to resolve it through final and binding arbitration. This includes any dispute, claim, or controversy arising out of or relating to:

  • These Terms of Service,
  • Use of the TALENTZ AI Inc. platform or services,
  • Any related relationship or conduct between you and TALENTZ AI Inc., regardless of legal theory.

Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), in English, and in Dallas County, Texas, unless otherwise agreed by both parties or required by law.

The arbitration decision shall be final, binding, and not subject to appeal, except as permitted under the Federal Arbitration Act. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

15.3 Exclusions from Arbitration

This arbitration agreement does not apply to:

  • Claims brought in small claims court, if they qualify
  • Claims seeking injunctive or equitable relief related to unauthorized use or intellectual property
  • California residents seeking public injunctive relief

15.4 Waiver of Class Actions and Jury Trial

To the maximum extent permitted by law:

  • All disputes must be resolved individually.
  • Class actions, collective actions, and representative actions are not allowed.
  • You waive the right to act as a class representative or private attorney general.
  • You and TALENTZ AI waive the right to a jury trial.

15.5 Governing Law

This arbitration clause is governed by the Federal Arbitration Act (FAA) and applicable federal arbitration law. If any part of this section is found to be unenforceable, the remaining provisions will remain in full force.

16. Governing Law and Miscellaneous

Term & Termination

These Terms remain in full force and effect while you use the Service. We may suspend or terminate your access at any time for violation of these Terms or applicable laws. Provisions that by their nature should survive termination (e.g., data rights, intellectual property, disclaimers, indemnification, dispute resolution) will continue to apply even after termination.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.

Notifications

We may provide you with notices, including changes to these Terms, via email or platform notifications. You are responsible for keeping your account email address current.

No Waiver

Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remainder of the Terms will remain in full force and effect.

Assignment

You may not assign or transfer your account or any rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent is void.

Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes will be resolved in the state or federal courts located in New Castle County, Delaware, except as otherwise set forth in the Arbitration section.

Equitable Relief

You agree that breach of these Terms may cause irreparable harm to TALENTZ AI Inc. and its affiliates. We may seek injunctive or equitable relief in addition to any legal remedies.

Entire Agreement

These Terms (including our Privacy Policy and any other referenced policies) constitute the entire agreement between you and TALENTZ AI Inc. regarding the use of the Service and supersede all prior agreements or understandings.

17. Data Retention Policy

TALENTZ AI retains user and customer data for a period of up to one (1) year from the date of last active use or contract termination. After this period, data may be archived, anonymized, or deleted in accordance with our internal data policies. Customers may request earlier deletion in accordance with privacy regulations.

Please note that certain backup copies, system logs, and archived records may be retained for a limited duration beyond this period for legitimate security, auditing, or legal compliance purposes, consistent with applicable data retention laws.

18. Beta Features

We may offer features or functionality labeled as "beta," "early access," or similar. These features are experimental and may be changed or discontinued at any time without notice. Such features are provided "as is" without any warranties of any kind.

19. Force Majeure

TALENTZ AI shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, natural disasters, power failures, internet disruptions, labor disputes, or governmental actions.

20. Export Compliance

You agree to comply fully with all applicable U.S. export laws and regulations to ensure that neither the Service nor any related technical data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.