Terms and Conditions

1. Introduction

These Terms and Conditions establish a legally enforceable agreement between you, acting either individually or for an organization, and 11584332 Canada Corp., which does business as TalentArc; this corporation is duly formed under Canadian law, maintaining its primary operations within Canada, and we shall refer to it as “TalentArc,” “we,” “us,” or “our” in the following sections. When you visit or engage with the website at TalentArc.ai, encompassing subdomains such as app.TalentArc.ai, or utilize any connected web apps, mobile features, or services, altogether termed the Platform, your actions confirm that you have examined, comprehended, and consented to these Terms and Conditions in full. In the absence of agreement with any clause, you are required to discontinue use of the Platform without delay and abstain from any subsequent involvement.

1.1

Functioning as an internet-based venue, the Platform links individuals seeking employment, designated as Candidates, with those offering positions or recruitment services, known as Employers, by means of AI-assisted matching mechanisms, profile development options, posting capabilities for jobs, communication channels, and supplementary elements. All interactions on the Platform fall under these Terms and Conditions, regardless of whether you participate as a Candidate assembling a profile for job recommendations or as an Employer advertising roles, assessing proposed matches, obtaining subscriptions or credit bundles, or starting dialogues through the interface. Amendments to these Terms and Conditions may occur periodically; such changes will appear on the Platform alongside an indicated start date, and your persistent engagement thereafter implies endorsement of the modifications, a method that supports ongoing awareness in a fluid digital context. Drawing from foundational contract principles, this is upheld in Canadian rulings such as ProCD, Inc. v. Zeidenberg (1996), though U.S.-based, influencing similar online contract validity, and it adheres to notification standards in consumer protection enactments, including Manitoba's Consumer Protection Act, C.C.S.M. c. C200, which insists on evident alerts for key shifts.

1.2

If discrepancies arise between these Terms and Conditions and another pact you hold with us, for example, a distinct Employer subscription arrangement, the particulars of the latter govern solely in the area of conflict; this ordering prevents interpretive muddles and sustains contractual coherence, in line with merger clauses typical in business instruments.

2. Definitions

2.1

Clarity demands that we specify certain phrases herein to avert confusion. An Account denotes any enrolled user presence on the Platform, incorporating elements like biographical details, resumes, vocational inclinations for Candidates, or entity particulars, job announcements, and financial data for Employers. Content captures all submissions by users, ranging from textual entries, visual media, audiovisual clips, informational sets, to exchanges conducted via the Platform. A Subscription involves compensated, continual entry for Employers to superior functionalities, such as boundless job placements or enhanced matching priorities, while Bulk Credits consist of advance-purchased units that Employers employ to activate specific operations, including profile disclosures or message initiations, with credits allocated to defined tasks.

2.2

AI Matching pertains to our bespoke computational processes that evaluate user submissions to yield compatibility ratings between Candidates and employment prospects, accounting for attributes like competencies, histories, and desires; this remains a mechanized operation, not constituting counsel, thus restricting our accountability for resultant placements in accordance with norms for technological agreements. Third-Party Services refer to connections with external entities, encompassing Google Analytics for usage tracking, Stripe for transaction handling, Constant Contact for correspondence dispatch, and Zendesk for inquiry management, each governed by independent terms and data protocols; it is acknowledged that we bear no responsibility for their efficacy or information management, pursuant to doctrines of contractual separation and absence of agency.

2.3

Such delineations form the bedrock for construing this accord, as imprecise verbiage frequently precipitates contention; under Canadian jurisprudence, principles like the contextual approach in Sattva Capital Corp. v. Creston Moly Corp. (2014) guide term readings, rendering thorough definitions essential to fortify durability.

3. User Accounts and Registration

3.1

To employ essential aspects, including profile establishment, position broadcasting, or dialogue participation, registration of an Account is necessary, entailing the provision of precise, contemporary, and exhaustive details, such as an authentic electronic mail address and, in the case of Employers, remittance specifics. Safeguarding Account access information, passwords included, falls upon you, alongside immediate disclosure of any illicit utilization; neglect in this regard may impose responsibility on you for ensuing conduct, reflective of user duty standards in virtual compacts.

3.2

Transfers of Accounts are forbidden absent our explicit scripted authorization, and suspension or revocation of your Account may ensue from our judgment should infractions, deceit, or prejudicial actions come to light. For Candidates, enrollment entails resume submissions and preference designations to facilitate AI Matching; Employers, following signup, may commence listings and procure Subscriptions or Bulk Credits. Individuals below the age of legal capacity, commonly 18 across Canada and the United States, are barred from Account formation unless with custodian assent, pursuant to safeguards like the U.S. Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506.

3.3

These stipulations intersect with statutory imperatives for informational veracity, correlating with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, which interfaces with enrollment by necessitating reliable disclosures to mitigate identification perils; ramifications could encompass assertions of deceit if erroneous inputs yield suboptimal alignments.

4. Description of Services

4.1

The Platform delivers an array of instruments aimed at expediting occupational linkages. Candidates construct profiles through resume integrations, skill enumerations, experiential recounts, and preference articulations; subsequently, AI mechanisms correlate these with extant vacancies, furnishing ratings and justifications. Interaction with Employers via embedded messaging becomes feasible upon reciprocal curiosity.

4.2

Employers formulate comprehensive role depictions, scrutinize AI-proffered Candidate suggestions, and commence engagements within the framework; elevated capabilities necessitate Subscriptions for sustained advantages or Bulk Credits for discrete applications, such as comprehensive profile inspections. Provision occurs on an “as-is” foundation, devoid of assurances regarding occupational attainments or matching fidelity, to moderate anticipations of implicit guarantees within service-oriented pacts.

4.3

Incorporation of Third-Party Services enhances operationality, for instance, analytical instruments for pattern discernment or gateways for secure exchanges; interruptions attributable to them do not equate to our default, given that our commitments extend merely to prudent maintenance endeavors, consonant with customary service benchmarks in mercantile arrangements. This configuration seeks to amplify labor market efficacy whilst apportioning hazards judiciously; discontent may arise from incongruent suggestions, yet such is intrinsic to algorithmic frameworks, ameliorated through express renunciations derived from digital marketplace adjudications.

5. Payment Terms

5.1

For augmented privileges, Employers remit stipulated charges via Stripe or analogous processors, denominated in US currency barring alternative indications, sanctioning recurrent deductions for Subscriptions on monthly or annual cycles until cessation. Bulk Credits, once acquired, elude reimbursement and nullify following twelve months of dormancy, save for our documented prolongation.

5.2

All fiscal impositions, excluding those on our earnings, rest with you; delinquency in settlements may precipitate service interruptions, accruing interest at 1.5 percent monthly on arrears, pursuant to remedial provisions in enactments like Nova Scotia's Sale of Goods Act, R.S.N.S. 1989, c. 408. Alterations in tariffs warrant thirty days' advance posting on the Platform; sustained utilization post-notification signifies acquiescence. This framework upholds economic steadiness coupled with lucidity, in harmony with proscriptions against inequitable clauses in U.S. legislation such as the Federal Trade Commission Act, 15 U.S.C. §§ 41–58, pertinent to transborder dealings.

5.3

Consequences of remittance failure encompass Account closures and recovery measures, potentially impacting credit standings; interconnections with reimbursement protocols underscore the irrevocability of disbursements for consummated provisions.

6. User Conduct and Prohibited Activities

6.1

Engagement with the Platform must confine to legitimate ends, encompassing authentic employment pursuits or enlistments. Forbidden behaviors comprise, inter alia, the insertion of deceptive or fallacious Content, user molestation through communications, encroachments on proprietary entitlements, or efforts to subvert protective protocols; transgressions could invoke swift Account halts and juridical pursuits.

6.2

Utilization of mechanized programs, automatons, or extraction utilities for unauthorized data retrieval is proscribed, infringing statutes like the U.S. Computer Fraud and Abuse Act, 18 U.S.C. § 1030, alongside Canadian equivalents in the Criminal Code, R.S.C. 1985, c. C-46, section 342.1 concerning unsanctioned system intrusions. Employers are bound to proffer veracious position narratives and eschew prejudicial methodologies, conforming to equity statutes including the Canadian Human Rights Act, R.S.C. 1985, c. H-6, and U.S. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.

6.3

Expansive interdictions herein safeguard the Platform's milieu, anchored in delictual concepts of carelessness and deliberate meddling; infractions may engender civil accountabilities, underscoring compliance imperatives.

7. Intellectual Property

7.1

Proprietorship in the Platform, spanning its programming, computational logics, aesthetics, emblems, and authorial protections, resides wholly with TalentArc or its grantors. A constrained, retractable, non-transferable permission is conferred upon you for Platform access and employment in personal or organizational capacities, contingent on adherence to these Terms and Conditions; absent antecedent scripted consent, no sublicensing, conveyance, or mercantile exploitation is allowable.

7.2

Content contributed by users retains their dominion, yet its tendering bestows upon us an enduring, universal, uncompensated authorization to employ, replicate, alter, and exhibit said Content for Platform functionalities, embracing AI Matching and promotional endeavors; this entitlement persists beyond Account dissolution. Intellectual property is duly regarded by us, and reciprocal observance is anticipated; violations may precipitate litigations under Canada's Copyright Act, R.S.C. 1985, c. C-42, or the U.S. Copyright Act of 1976, 17 U.S.C. §§ 101 et seq.

7.3

These proprietorial delineations preserve indispensable commercial resources; prospective contentions over AI-derived adaptations are preempted via unambiguous licensing, augmenting robustness.

8. Copyright and DMCA Policy

8.1

Compliance with copyright regimes is maintained, with responses to encroachment allegations. Suspecting infringement in Platform Content? Forward notification to our appointed representative at Privacy@TalentArc.ai, enclosing identification of the violated creation, the purportedly offending substance, your communicative particulars, an assertion of bona fide conviction, and an attested verification of exactitude, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), for American concerns, or commensurate Canadian methodologies under the Copyright Modernization Act, S.C. 2012, c. 20.

8.2

Upon legitimate notification, excision or deactivation of access to the item follows, with informant apprised; a rebuttal from the contributor alleging non-violation may lead to reinstatement absent judicial intervention within ten operational days. Persistent offenders encounter Account terminations. This regimen equilibrates proprietary interests with equitable utilization tenets, as illuminated in jurisprudence such as Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), advocating fair use evaluations pre-removal; spurious notifications invite statutory sanctions.

8.3

For extra-U.S. assertions, PIPEDA and domestic copyright frameworks inform equitable proceedings, assuring transnational conformity.

9. Returns and Refunds

9.1

Owing to the intangible essence of our offerings as subscription-driven digital amenities, refunds are typically unavailable; nonetheless, dissatisfaction prompts outreach to Privacy@TalentArc.ai for individualized assessment of remedial options. Qualification hinges on variables like service consumption extent, grievance rationale, and submission chronology.

9.2

Solicitations for reimbursements necessitate initiation within fourteen calendar days from inaugural disbursement for Subscriptions or Bulk Credits, conditional on negligible exploitation, exemplified by absence of postings or credit expenditures; requisites encompass a documented petition elucidating the concern, supplemented by transactional evidence. Inapplicability extends to bespoke elements, such as AI-generated correspondences post-profile inception, and electronic retrievals, which solidify upon activation, resonant with derogations in consumer safeguards like the European Union's Consumer Rights Directive 2011/83/EU, Article 16(m), albeit with North American focus, and provincial Canadian statutes including Yukon's Consumer Protection Act, R.S.Y. 2002, c. 40.

9.3

In respect of U.S. participants, mandates under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, influence warranty revelations, yet given the service classification sans implicit merchantability for commodities, reimbursements remain elective barring substantiated material deficiencies, such as pervasive AI malfunctions, excluding perceptual discontents. Authorized refunds process within thirty days to the primal payment conduit, deducted for administrative outlays.

9.4

Ambiguity in refund assurances accommodates the progressive value dispensation in services, curtailing reversal viability; underpinnings derive from pact conclusiveness, whilst conforming to commercial equity laws, including the U.S. Federal Trade Commission's Cooling-Off Rule, 16 C.F.R. § 429.1, inapposite to virtual subscriptions. Affiliations with warranty clauses affirm no augmented entitlements beyond juridical thresholds for refunds.

10. Warranties and Disclaimers

10.1

Delivery of the Platform is warranted with appropriate diligence and expertise, but all additional warranties, whether overt or inferred, encompassing suitability for specific intents or non-encroachment, are repudiated; AI Matching outputs serve indicatively, sans pledges of vocational triumphs. Availability transpires “as is” and “as obtainable,” absent commitments to coherent or faultless performance.

10.2

Such repudiations hold validity pursuant to curbs in the Uniform Commercial Code (UCC) § 2-316 for American exchanges and parallel Canadian dispositions in territorial merchandise statutes; justifications encompass hazard distribution in tech-reliant provisions, where impeccability eludes feasibility, with user dependence curtailed via overt admonitions.

11. Limitation of Liability

11.1

Within the broadest permissible legal bounds, TalentArc disclaims accountability for ancillary, fortuitous, resultant, or exemplary detriments stemming from Platform utilization, inclusive of forfeited revenues or informational erosions, irrespective of forewarning; aggregate liability ceilings equate to disbursements effected by you over the antecedent twelve months.

11.2

This threshold comports with mercantile prudence criteria in precedents like Rockford Map Publishers v. Directory Service Co. (1985) on damage predictability, and legislative allowances under varied Canadian Negligence Acts; safeguards against inordinate assertions in constrained-profit digital ventures.

12. Indemnification

12.1

Indemnity is pledged by you toward TalentArc, its executives, overseers, personnel, and proxies against assertions, deprivations, or expenditures originating from your contraventions of these Terms and Conditions, Platform abuse, or third-party right infringements; this duty endures post-termination.

12.2

Grounded in fairness doctrines, this clause reallocates expenditures from user improprieties, with deterrent ramifications for misconduct.

13. Termination

13.1

Access revocation may be enacted by us for infractions, with or sans forewarning; cessation nullifies permissions, mandating eradication of acquired substances. Enduring elements comprise proprietary rights, indemnity, and liability constraints.

14. Governing Law and Dispute Resolution

14.1

Ontario's provincial laws, Canada, preside over these Terms and Conditions, disregarding choice-of-law tenets; contentions resolve solely within Ontario tribunals or via compulsory arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17, at our discretion.

14.2

This selection promotes foreseeability, aligned with our Canadian establishment.

15. Miscellaneous

15.1

Severability applies should a clause falter, preserving the residue; breach forbearance does not forfeit future enforcements. This embodies the complete compact, eclipsing antecedent comprehensions.