Terms and Conditions

In these Terms:

“TalentSmart”, “we”, “us”, or “our” means the TalentSmart platform, project, service, website, and related tools made available under the TalentSmart name.

“Platform” means the TalentSmart website, application, software, dashboard, AI tools, user accounts, matching tools, communication tools, opportunity pages, profile pages, and any other related digital services.

“User”, “you”, or “your” means any person or organisation that accesses or uses TalentSmart.

“Talent” means a user who creates a professional profile, applies for opportunities, receives invitations, or is represented on the Platform.

“Client” means a user or organisation that publishes, manages, or promotes job opportunities, freelance assignments, projects, contracts, or other professional opportunities.

“Recruiter” means a user who searches for, invites, recommends, or evaluates Talent for opportunities.

“Partner” means a user, recruiter, agency, representative, manager, or other intermediary who helps Talent find opportunities, recommends Talent, creates opportunities, communicates with Clients, or otherwise participates in the TalentSmart opportunity process.

“Opportunity” means any job, project, freelance assignment, contract role, collaboration, paid work, or other professional engagement published, shared, suggested, or managed through TalentSmart.

“Content” means any information, text, profile data, documents, CVs, images, messages, files, job descriptions, opportunity descriptions, comments, AI-generated outputs, or other material uploaded, submitted, generated, displayed, or exchanged through the Platform.

“AI Tools” means any artificial intelligence, automation, matching, parsing, recommendation, scoring, summarisation, analysis, content-generation, or decision-support features used or made available by TalentSmart.

TalentSmart is a digital platform designed to help connect Talent, Partners, Recruiters, and Clients.

The Platform may include features such as:

• Talent profiles;
• professional and technical skill profiles;
• CV and document uploads;
• opportunity creation and publication;
• AI-assisted opportunity parsing;
• AI-assisted profile matching;
• AI-assisted recommendations;
• application and invitation flows;
• Partner and Recruiter dashboards;
• Client dashboards;
• candidate and opportunity management tools;
• communication tools;
• commission, reward, or payment-related functionality;
• blockchain-related, payroll-related, or contract-related tools, where applicable.

TalentSmart may develop, test, add, change, remove, or limit features at any time, especially during beta or early-access stages.

TalentSmart does not guarantee that any Talent will receive work, that any Client will find a suitable candidate, that any Partner will earn commission, or that any Opportunity will result in a contract, engagement, employment relationship, payment, or successful placement.

TalentSmart may be provided as an early-stage, beta, pilot, test, or pre-commercial service.

You understand and agree that:

• some features may be incomplete, experimental, or unavailable;
• the Platform may contain errors, bugs, inaccuracies, or interruptions;
• AI-generated outputs may be incomplete, inaccurate, biased, outdated, or unsuitable for your specific situation;
• features may change without prior notice;
• access may be limited, suspended, or discontinued;
• data, profiles, opportunities, or workflows may be adjusted or removed where reasonably necessary for testing, security, compliance, or product improvement.

You use the Platform at your own responsibility.

To use certain features, you may need to create an account.

You agree to provide accurate, complete, and up-to-date information when creating or using your account.

You are responsible for:

• keeping your login details secure;
• all activity that happens under your account;
• ensuring that only authorised persons use your account;
• notifying TalentSmart immediately if you suspect unauthorised access, misuse, or a security issue.

We may suspend or terminate your account if we believe that your information is false, misleading, incomplete, fraudulent, unlawful, or harmful to the Platform or other users.

TalentSmart may allow users to act in different roles, including Talent, Client, Recruiter, Partner, or other roles.

You are responsible for how you use the Platform in any role.

If you act as a Talent, you are responsible for ensuring that your profile, CV, skills, experience, work history, availability, documents, salary expectations, and other information are accurate and not misleading.

If you act as a Client, Recruiter, or Partner, you are responsible for ensuring that any Opportunity, message, invitation, assessment, recommendation, or communication you submit is accurate, lawful, fair, and not misleading.

If you act on behalf of an organisation, you confirm that you have the authority to represent that organisation and to accept these Terms on its behalf.

TalentSmart may allow Clients, Recruiters, or Partners to create, publish, manage, or promote Opportunities.

Talent may apply for Opportunities or be invited to Opportunities.

TalentSmart does not guarantee that:

• an Opportunity is available, accurate, lawful, suitable, or still open;
• a Client, Recruiter, Partner, or Talent will respond;
• any application will be reviewed;
• any invitation will result in an interview, offer, contract, employment, assignment, or payment;
• any information provided by another user is complete, accurate, or reliable.

Users are responsible for conducting their own checks before entering into any professional, commercial, employment, freelance, contractor, or other relationship.

TalentSmart is a technology platform. Unless expressly agreed otherwise in writing, TalentSmart does not act as:

• an employer;
• an employment agency;
• a recruitment agency;
• a payroll company;
• an employer of record;
• a legal representative;
• a tax advisor;
• an immigration advisor;
• a financial advisor;
• a party to any contract between Users.

Any agreement between Talent, Client, Recruiter, Partner, or any other party is the responsibility of those parties.

TalentSmart may support the process by providing technology, workflows, communication tools, matching tools, AI assistance, payment-related tools, or contract-related tools, but this does not make TalentSmart a party to the underlying work relationship unless expressly agreed in writing.

TalentSmart may use AI Tools to assist with:

• creating or improving profiles;
• parsing vacancy or opportunity descriptions;
• suggesting relevant fields or parameters;
• matching Talent with Opportunities;
• recommending Opportunities;
• comparing skills, experience, language, seniority, location, salary, work format, or other parameters;
• generating summaries, descriptions, messages, insights, or recommendations;
• identifying possible matches or mismatches;
• supporting administrative review or quality checks.

AI-generated outputs are provided for assistance only.

You understand and agree that AI Tools may produce outputs that are:

• inaccurate;
• incomplete;
• biased;
• outdated;
• unsuitable;
• based on incorrect assumptions;
• not legally, commercially, technically, or professionally reliable.

AI outputs must not be used as the sole basis for hiring, rejection, employment, contracting, payment, immigration, legal, financial, or other important decisions.

Final decisions remain the responsibility of the relevant User.

Clients, Recruiters, and Partners must ensure that their use of AI Tools complies with applicable employment, anti-discrimination, privacy, data protection, platform, and AI-related laws.

TalentSmart may use manual review, automated review, or AI-assisted review for Opportunities, profiles, content, applications, or other activity on the Platform.

TalentSmart may approve, reject, pause, edit, remove, archive, or request changes to Content where we believe it is inaccurate, unlawful, misleading, low-quality, discriminatory, harmful, abusive, fraudulent, irrelevant, or otherwise inconsistent with these Terms or the intended use of the Platform.

Admin review does not mean that TalentSmart guarantees the legality, accuracy, suitability, or quality of any Opportunity, profile, Talent, Client, Partner, Recruiter, or Content.

You remain responsible for the Content you submit to TalentSmart.

By submitting Content to the Platform, you grant TalentSmart a worldwide, non-exclusive, royalty-free licence to use, store, display, process, reproduce, modify, analyse, transmit, and make available that Content as necessary to:

• provide the Platform;
• operate user accounts;
• display profiles and Opportunities;
• support applications, invitations, and matching;
• provide AI-assisted features;
• improve and secure the Platform;
• communicate with users;
• comply with legal obligations;
• prevent fraud, misuse, or security issues.

You confirm that you have all necessary rights, permissions, and consents to submit the Content and allow TalentSmart to process it.

You must not upload or submit Content that:

• infringes intellectual property rights;
• contains false, misleading, or fraudulent information;
• contains unlawful, discriminatory, hateful, abusive, or harmful material;
• contains confidential information that you are not allowed to share;
• contains personal data that you are not allowed to provide;
• contains viruses, malware, or harmful code;
• violates applicable law or these Terms.

Clients, Recruiters, and Partners may submit or process information about Talent or candidates through the Platform.

If you submit personal data about another person, you are responsible for ensuring that you have a valid legal basis, permission, or consent to do so.

Before inviting, submitting, representing, recommending, or processing a Talent or candidate through TalentSmart, you must ensure that the person has been properly informed about the relevant processing of their data.

Where required by law, you must obtain their consent.

TalentSmart is not responsible for unlawful, unauthorised, or misleading submission of candidate or Talent data by Clients, Recruiters, Partners, or other users.

TalentSmart may offer free, paid, subscription-based, commission-based, success-fee-based, usage-based, or custom-priced services.

Specific fees, commissions, payment terms, subscription terms, or commercial arrangements may be described separately on the Platform, in an order form, in a written agreement, or in another agreed document.

Unless expressly stated otherwise:

• fees are non-refundable;
• users are responsible for applicable taxes;
• TalentSmart may change pricing or introduce new paid features;
• access to certain features may require payment;
• failure to pay may result in suspension or termination of access.

TalentSmart may support commission-sharing or reward mechanisms between different parties, including Clients, Partners, Recruiters, Talent, and the Platform.

Any commission, reward, payroll, blockchain-based payment, or smart-contract-related mechanism is subject to the specific terms shown on the Platform or agreed separately in writing.

TalentSmart does not guarantee that any User will earn income, commission, rewards, tokens, or other benefits.

TalentSmart may develop or provide blockchain-related, smart-contract-related, token-related, vault-related, payroll-related, or digital-asset-related functionality.

Such features may be experimental and may be subject to additional legal, tax, financial, regulatory, and technical conditions.

You understand and agree that:

• blockchain transactions may be irreversible;
• digital assets may be volatile;
• smart contracts may contain bugs or vulnerabilities;
• regulatory treatment may change;
• wallet access, private keys, or credentials may be your responsibility;
• TalentSmart does not provide financial, investment, legal, tax, or regulatory advice;
• you are responsible for understanding the risks before using such features.

TalentSmart may restrict, suspend, modify, or discontinue blockchain-related features where necessary for legal, regulatory, security, technical, or business reasons.

Additional terms may apply before you can use blockchain, payroll, smart-contract, token, or digital-asset-related features.

You must not:

• use the Platform for unlawful, harmful, fraudulent, discriminatory, abusive, or unethical purposes;
• publish fake, misleading, discriminatory, exploitative, or unlawful Opportunities;
• submit false or misleading profile information;
• impersonate another person or organisation;
• scrape, copy, crawl, or harvest data from the Platform without permission;
• use bots, scripts, automated systems, or excessive requests to access the Platform;
• attempt to access accounts, systems, data, or areas of the Platform without authorisation;
• interfere with the security, stability, availability, or performance of the Platform;
• reverse engineer, decompile, copy, resell, sublicense, or commercially exploit the Platform without permission;
• remove or obscure copyright, trademark, or proprietary notices;
• upload malware, viruses, harmful code, or malicious files;
• use the Platform to spam, harass, threaten, or mislead others;
• use the Platform in a way that violates applicable employment, privacy, anti-discrimination, sanctions, tax, immigration, financial, or other laws.

TalentSmart may suspend or terminate access if we believe you have violated these restrictions.

Users must use TalentSmart fairly, lawfully, and responsibly.

Clients, Recruiters, and Partners must not use the Platform to discriminate against Talent or candidates on the basis of protected characteristics, including where prohibited by applicable law.

Hiring, screening, invitation, rejection, ranking, recommendation, communication, and contract decisions must comply with applicable employment, equality, anti-discrimination, labour, platform work, privacy, and AI-related laws.

TalentSmart may remove Content or restrict accounts that appear to promote discriminatory or unfair practices.

TalentSmart may use or integrate with third-party services, including hosting providers, analytics tools, AI providers, payment providers, identity verification providers, blockchain infrastructure, communication tools, document tools, or other software services.

TalentSmart is not responsible for third-party services, websites, platforms, tools, or content that we do not control.

Your use of third-party services may be subject to their own terms and policies.

TalentSmart will use reasonable efforts to protect the Platform and user data using appropriate technical and organisational measures.

However, no digital platform can be guaranteed to be completely secure, uninterrupted, or error-free.

You are responsible for protecting your own account, devices, passwords, wallet credentials, and access methods.

You must notify us immediately at [email protected] if you become aware of unauthorised access, data loss, account misuse, security vulnerabilities, or suspected security incidents.

The Platform, including its software, design, workflows, databases, structure, branding, trademarks, text, graphics, AI workflows, matching logic, features, and other materials, belongs to TalentSmart or its licensors.

Except as expressly allowed by these Terms, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or commercially exploit any part of the Platform.

You retain ownership of your own Content, subject to the licence you grant to TalentSmart under these Terms.

Feedback, ideas, suggestions, or recommendations you provide to TalentSmart may be used by TalentSmart without restriction or compensation to you.

TalentSmart processes personal data in accordance with its Privacy Policy.

The Privacy Policy explains what personal data we collect, how we use it, how long we may keep it, who we may share it with, and what rights users may have.

By using the Platform, you acknowledge that TalentSmart may process personal data as described in the Privacy Policy.

Where you provide personal data about another person, you are responsible for ensuring that you have the right to do so.

Users may receive confidential or non-public information through the Platform, including information about Talent, Clients, Partners, Recruiters, Opportunities, business needs, salaries, rates, documents, contracts, technical details, or commercial terms.

You must not use or disclose confidential information except as necessary for the purpose for which it was shared through TalentSmart.

This obligation does not apply to information that:

• is publicly available through no fault of your own;
• you already lawfully knew before receiving it;
• you lawfully receive from another source;
• must be disclosed by law, court order, or competent authority.

TalentSmart may update, modify, suspend, discontinue, or limit the Platform or any feature at any time.

We may perform maintenance, release updates, change workflows, add or remove functionality, or restrict access where reasonably necessary.

We do not guarantee that the Platform will always be available, uninterrupted, secure, or error-free.

TalentSmart may suspend or terminate your access to the Platform if:

• you violate these Terms;
• you provide false, misleading, unlawful, or harmful information;
• you misuse the Platform;
• you fail to pay applicable fees;
• your activity creates legal, security, operational, reputational, or technical risk;
• we are required to do so by law or competent authority;
• the Platform or relevant feature is discontinued.

You may stop using the Platform at any time.

Termination does not affect any rights, obligations, fees, confidentiality duties, payment obligations, or legal responsibilities that should reasonably survive termination.

TalentSmart is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, TalentSmart makes no warranties, representations, or guarantees that:

• the Platform will meet your expectations;
• the Platform will be uninterrupted, secure, timely, or error-free;
• any AI output will be accurate, complete, fair, or suitable;
• any Talent will find work;
• any Client will find suitable Talent;
• any Partner or Recruiter will earn commission;
• any Opportunity will result in a contract, engagement, employment, or payment;
• any user information will be accurate or reliable;
• any blockchain, payroll, or payment-related feature will be available, suitable, or error-free.

You use the Platform at your own risk.

To the fullest extent permitted by law, TalentSmart will not be liable for:

• indirect, incidental, special, consequential, punitive, or exemplary damages;
• loss of profit, revenue, business, opportunity, goodwill, reputation, data, contracts, or expected savings;
• hiring decisions, rejection decisions, employment decisions, contract decisions, or payment decisions made by users;
• inaccurate, incomplete, biased, or unsuitable AI outputs;
• user-generated Content;
• third-party services;
• unauthorised access caused by your failure to protect your account or credentials;
• blockchain, wallet, smart-contract, token, or digital-asset losses;
• events outside our reasonable control.

To the fullest extent permitted by law, TalentSmart’s total liability for any claim related to the Platform will be limited to the amount you paid to TalentSmart for the specific service giving rise to the claim during the 12 months before the claim arose.

If you have not paid TalentSmart any fees, TalentSmart’s total liability will be limited to EUR 100, to the fullest extent permitted by law.

Nothing in these Terms limits liability where such limitation is not permitted by applicable law.

You agree to defend, indemnify, and hold TalentSmart harmless from any claims, losses, liabilities, damages, costs, and expenses arising from:

• your use of the Platform;
• your Content;
• your violation of these Terms;
• your violation of applicable law;
• your relationship or dispute with another user;
• your hiring, recruitment, employment, contracting, payment, tax, immigration, or payroll decisions;
• your unauthorised use of another person’s data;
• your misuse of AI Tools, blockchain features, payment features, or Platform functionality.

TalentSmart is not responsible for any delay or failure to perform caused by events outside our reasonable control, including technical failures, internet outages, hosting failures, cyberattacks, natural disasters, war, civil unrest, labour disputes, government actions, changes in law, regulatory restrictions, third-party service failures, or other events beyond our reasonable control.

TalentSmart may update these Terms from time to time.

When we make changes, we may update the “Last updated” date at the top of this page.

If changes are material, we may provide additional notice where reasonably possible.

Your continued use of the Platform after changes become effective means that you accept the updated Terms.

If you do not agree with the updated Terms, you must stop using the Platform.

Because TalentSmart is currently an early-stage platform and may not yet have a registered legal entity, the final governing law and jurisdiction may be updated once the operating legal entity is established.

Until then, these Terms are intended to be interpreted in a commercially reasonable manner and in accordance with applicable mandatory laws.

Any dispute should first be addressed by contacting us at:

[email protected]

The parties should attempt to resolve any dispute in good faith before starting formal legal proceedings.