(Effective – Sep, 2020)
1. Access to Use Services
2. Description of Services
Users have access to the following Services, in a format and according to the technical means that we deem the most appropriate.
2.1 Job Advertising Platform
Talentify shall provide access to use its online job advertising service that enables Customer to promote job advertisements via a network of websites (the “Talentify Platform”) for the exclusive use by you and your Users for the sole purpose of posting and managing your job advertisements to the external market place, via Organic and Sponsored job advertising campaigns (as defined below ). Management of job advertisements via the Talentify Platform may include: setting per campaign and per job budgets, minimum and maximum limitations on applicant volumes, ideal distance for applicants and starting and stopping campaigns.
2.2 Organic Job Advertising and Marketing
2.3 Sponsored Job Advertising
You may also use individual Publishers such as job boards for Sponsored Job Advertising as part of the Talentify Platform. These services are itemized under agreement with you via a Talentify Order form. All applicants generated from individual Publishers Sponsored Jobs advertising are done so in a published fashion, meaning the particular Publisher generating each applicant is disclosed to you via the Talentify Dashboard within the Talentify Platform.
You may also use Talentify Sourcing Slots for Sponsored Job Advertising as part of the Talentify Platform. These services are itemized under agreement with you via a Talentify Order form. All applicants generated from Talentify Sourcing Slots for Sponsored Job Advertising are done so in a published fashion, meaning each applicant is disclosed to you via the Talentify Dashboard within the Talentify Platform as a Talentify Sourcing slot or Premium Sourcing slot candidate
2.4 Talentify General Responsibilities
Talentify takes your publicly available job listings from your careersite, by way of scraping or RSS or XML feeds or API and prepares them for publishing. For Organic Job Advertising all your job listings are sent to publishers. Where electing to Sponsor your Job Advertising in the Talentify Exchange, you will choose which jobs to advertise
At least one standard uneditable application question is created per job as part of your free use of the Talentify Platform. Job seekers rate on a scale of 1 to 5 how qualified they feel for the position. Your job description criteria may also be translated automatically into questions for job seekers, highlighting your most desired criteria. This is to determine whether further standard, automated, communication sequences may be provided to job seekers to increase the volume of applications in Your ATS. At no time is any job seeker turned down or rejected by Talentify. All job seekers are given the opportunity to make your ATS application.
Talentify provides standard non editable, automated communications to help the applicant through the process; these are acknowledgments and confirmations and can include links to your Applicant Tracking System (ATS) apply page. Texting is used, and complies with all Telephone Consumer Protection Act (TCPA) regulations.
All communications are compliant with US legislation as outlined in our various privacy and communication policies including Do Not Sell My Personal Information requirements associated with the California Consumer Privacy Act (CCPA).
Talentify makes available all job seeker information as necessarily gathered during the application process. Customers access this information via a file export process accessed through the Talentify Platform.
3. User Responsibilities; Prohibited Conduct
The Services and Site may be used solely by employers seeking job applicants and in accordance with our standard documentation, which may be published by Talentify and made available to you from time to time. You may not use the Services or Site to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. Talentify may not be considered an employer with respect to your use of the Site or Services and we are not responsible for any employment decisions made by any person or entity posting jobs via the Site or Services.
You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You represent and warrant that your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; or (g) interfere with the ability of others to enjoy our Site or Services.
Additionally, you represent and warrant that you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) violate or attempt to violate the security of the Site or Services; (j) reverse engineer or decompile any part of the Site or Services; (k) aggregate, copy or duplicate any of the Talentify IP or information available via the Site or Services, other than as permitted by these Terms; (l) except for Users, share with a third party any login credentials to the Site or Services; or (m) access data or any part of the Site or Services not intended for you.
You acknowledge that the timely placement of pixels and access to jobs by Talentify relies on the timely communication and action by your applicant tracking system and support career portal vendors.
4. Fees & Payment.
Talentify will calculate the fees owed based on data collected via the Services, which you agree will be the system of record for determining the number of Talentify Driven Applications and corresponding fees. We will invoice you for all fees on a monthly basis where incurred, unless you have pre-paid the fees. You will remit payment to Talentify within thirty (30) days after issuance of each invoice.
4.1.1 Organic Job Advertising Fees During Free Use
There are no Organic Job Advertising fees during the free use of Organic Job Advertising for the Services presented to You as part of your free use. No guarantee of service availability is made and Talentify can change the available services, at its sole discretion, from time to time.
4.1.1 Sponsored Job Advertising Fees
You will pay Talentify a fee for each Sponsored Campaign you set, the fee represents the actual budget sum spent to advertise Customer Jobs. Campaigns may be one job or include multiple jobs. This fee is for your Talentify Driven Applications (defined below) submitted to you or your application tracking system. “Talentify Driven Application” means a job application or other conversion event generated by an applicant who navigated to your website or application tracking system after clicking on a job advertisement published via the Services. The fee for each campaign for Talentify Driven Applications will be the cost- per-job as determined by applicant interest when you use the Services. The purpose is to allow for conversion payments that occur with CPC or other performance events that are not only CPA. Each job advertised will have a unique set of fees associated with it, even within a set campaign. This is or could be due the job type, location, volumes and other factors that change from time to time and that impact the events of each advertisement. No guarantee is offered on cost per job, cost per job seeker or volume of job seekers.
4.2 Fee Changes
Talentify may change the fees and payment policies for the Services by notifying you in writing (including email) at least thirty days before the change takes effect.
The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in Section 7. Users who continue to use the Services after the new fees become effective will be deemed to have accepted them.
5. Proprietary Rights
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by Talentify and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
You have and shall retain ownership of your User Communications from your systems, practices and technologies. You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding job ad views, job application starts and job application completions.
Talentify may issue a press release announcing the relationship contemplated by this Agreement and will be entitled to refer publicly to you as an Talentify publisher in connection with advertising, marketing, publicity and other promotional activities. You grant to Talentify non-exclusive license to use your name, trademarks, trade names and logos in connection with such promotional activities.
7. Discontinuance, Modification, & Restrictions
Unless you have purchased a Subscription, you may discontinue using the Services at any time; provided, however, that you will pay Talentify the fees due and payable for any Talentify Driven Applications generated within seven (7) days after the effective date of termination.
In the event you discontinue using the Services or Site or we discontinue providing the Services or Site, the following provisions will survive: Sections 9, 10, 11, 12, 13, 14, 17 and all payment obligations.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TALENTIFY IS NOT RESPONSIBLE FOR YOUR INTERACTION WITH ANY PERSON WHO CONTACTS YOU, INCLUDING JOB APPLICANTS, IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITE.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE PROVIDE OUR SITE AND SERVICES FROM OUR OFFICES WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE SITE AND SERVICES IS APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER COMMUNICATIONS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE THREE-MONTH PERIOD PRIOR TO ANY CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Governing Law
You are solely responsible for your interactions with other users of the Site or the Services. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may not take legal action against Talentify without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
15. Force Majeure
Talentify will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third-party networks or communications infrastructure.
16. Additional Terms
We welcome your comments and questions. Please contact us at: [email protected]