Terms of Service

1. Agreement to Terms

By accessing or using the Talentish website and recruitment services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access our Services.

These Terms apply to all visitors, users, candidates, and employers who access or use our Services.

2. Description of Services

Talentish is a recruitment platform that connects tech talent with employers. Our Services include:

• Job posting and candidate matching services for employers
• CV optimization and job search services for candidates
• Career guidance and interview preparation
• Recruitment consulting services
• Access to our online platform and tools

3. User Accounts

3.1 Account Registration

To access certain features of our Services, you may need to create an account. You must provide accurate, complete, and current information during the registration process and update such information as needed.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Terms for Candidates

4.1 CV Submission

By submitting your CV or resume to Talentish, you grant us permission to:

• Store and process your information
• Share your profile with potential employers
• Contact you regarding job opportunities
• Provide career guidance and feedback

4.2 Accuracy of Information

You represent and warrant that all information provided in your CV and profile is accurate, truthful, and not misleading. Providing false information may result in termination of services.

4.3 No Guarantee of Placement

While we strive to match candidates with suitable opportunities, we do not guarantee job placement or employment. The final hiring decision rests with the employer.

5. Terms for Employers

5.1 Job Posting Requirements

Employers agree to:

• Post only legitimate job opportunities
• Provide accurate job descriptions and requirements
• Comply with all applicable employment laws
• Not discriminate based on protected characteristics
• Respond promptly to candidate referrals

5.2 Fees and Payment

Recruitment fees are typically based on a percentage of the placed candidate's first-year salary. Specific fee structures will be outlined in separate service agreements. Payment terms include:

• Fees are due upon successful placement
• Payment must be made within 30 days of invoice
• Late payments may incur interest charges

5.3 Replacement Guarantee

We offer a 30-day replacement guarantee. If a placed candidate leaves or is terminated within 30 days of their start date, we will provide a replacement candidate at no additional cost, subject to the terms of your service agreement.

5.4 Candidate Ownership

Employers agree not to directly hire candidates introduced by Talentish without paying the agreed-upon recruitment fee, for a period of 12 months from the date of introduction.

6. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by Talentish and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding without authorization
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright notices

7. Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful or malicious code
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm other users
• Collect user information without consent
• Interfere with the proper functioning of the Services
• Use automated systems to access the Services without permission

8. User-Generated Content

By submitting content to our Services (CVs, job postings, reviews, etc.), you grant Talentish a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing our Services.

You retain ownership of your content and may request its removal at any time, subject to our data retention policies.

9. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

10. Disclaimer of Warranties

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding:

• The accuracy, reliability, or completeness of any content
• The availability or uninterrupted access to our Services
• The quality of candidates or job opportunities
• The results you may obtain from using our Services

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, Talentish shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Cost of substitute services
• Lost employment opportunities

Our total liability to you for any claims arising from these Terms or the Services shall not exceed the amount paid by you to Talentish in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Talentish and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through the Services

13. Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk.

14. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice. We shall not be liable to you or any third party for any modifications, suspensions, or discontinuances.

15. Changes to Terms

We may update these Terms from time to time. The updated version will be indicated by an updated "Last Updated" date. We will notify you of any material changes by posting the new Terms on this page. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law provisions.

17. Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Houston, Texas.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Severability

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

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Talentish regarding the use of our Services.

20. Contact Information

If you have any questions about these Terms, please contact us at: