Terms of Service

1. Agreement to Terms

By accessing or using the Talentish job search concierge service ("Service"), 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 Service.

These Terms apply to all users and clients who access or use our Service.

2. Description of Service

Talentish is a job search concierge service that provides end-to-end employment search assistance. Our Service includes:

• Profile creation and optimization (resume, cover letters, professional profiles)
• Automated job search and monitoring across multiple job boards
• Job application submission on your behalf
• Interview scheduling and coordination
• Interview preparation and coaching
• Interview recording and analysis (with your consent)
• Offer negotiation assistance
• Onboarding support and coordination
• Career mentorship and guidance
• Ongoing success monitoring and support

3. User Authorization

3.1 Authorization to Apply

By using our Service, you explicitly authorize Talentish to:

• Apply to job positions on your behalf
• Submit your resume, cover letters, and professional information to employers
• Communicate with employers regarding your applications
• Schedule interviews and meetings with potential employers
• Negotiate job offers on your behalf (with your approval)

3.2 Credential Authorization

You may authorize us to access your accounts on job boards and professional networks (LinkedIn, Indeed, etc.) for the purpose of submitting applications. You are responsible for:

• Providing accurate and up-to-date credentials
• Maintaining the security of your accounts
• Notifying us immediately of any unauthorized access
• Ensuring compliance with the terms of service of third-party platforms

3.3 Control and Preferences

You maintain control over your job search through:

• Setting job preferences (roles, companies, locations, salary ranges)
• Auto-approval settings or manual review of each application
• The ability to revoke authorization at any time
• Final decision-making on all job offers

4. Client Responsibilities

4.1 Accurate Information

You represent and warrant that all information you provide (resume, work history, education, skills) is accurate, truthful, and not misleading. Providing false information may result in:

• Termination of service
• Disqualification from job opportunities
• Legal consequences
• Forfeiture of any guarantees or refunds

4.2 Interview Participation

You are responsible for:

• Attending scheduled interviews (we schedule, you attend)
• Being prepared and professional during interviews
• Providing feedback after interviews
• Responding promptly to employer communications
• Complying with interview recording laws in your jurisdiction

4.3 Good Faith Participation

You agree to:

• Participate in good faith throughout the job search process
• Not accept offers obtained outside our Service during the active service period without notification
• Honor commitments made to employers during the hiring process
• Provide timely responses to our team's requests

5. Service Fees and Payment

5.1 Success-Based Pricing

Our fees are based on successful job placement. No upfront costs or subscription fees.

Fee Structure:

• Standard Plan: 10% of first-year base salary
• Premium Plan: 12% of first-year base salary
• Elite Plan: 15% of first-year base salary

5.2 Payment Terms

• Fees become due upon acceptance of a job offer
• Payment is due within 30 days of your first day of employment
• Base salary excludes bonuses, stock options, and other variable compensation
• Payment plans may be available upon request
• Late payments may incur interest at the rate of 1.5% per month

5.3 No Placement, No Fee

If you do not accept a job offer through our Service, you owe no fees. Our success is tied to yours.

5.4 Refund Policy

If you voluntarily leave or are terminated from your position within 30 days of your start date for reasons unrelated to our Service, we will refund 50% of the service fee. This guarantee does not apply if:

• Termination is due to performance issues
• You provided false information during the application process
• You voluntarily resign for a better opportunity
• Termination is due to reasons beyond our control (company layoffs, restructuring, etc.)

6. Service Limitations

6.1 No Guarantee of Employment

While we strive to maximize your chances of securing employment, we do not guarantee job placement. The final hiring decision rests with the employer. Factors affecting job placement include:

• Job market conditions
• Your qualifications and experience
• Employer preferences and requirements
• Interview performance
• Competition from other candidates

6.2 Best Efforts

We commit to providing best-effort service, including:

• Applying to a high volume of relevant positions (typically 50-100 per month)
• Optimizing your profile based on feedback and data
• Providing professional coaching and guidance
• Supporting you throughout the entire process

6.3 Service Availability

Our Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee:

• Uninterrupted or error-free operation
• Specific response times from employers
• Availability of specific job opportunities
• Particular outcomes or results

7. Account Management

7.1 Account Creation

To use our Service, you must create an account with accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

7.2 Account Termination

Either party may terminate the service relationship:

• By You: Cancel at any time through your account settings or by contacting us
• By Us: We may suspend or terminate your account for violations of these Terms, fraudulent activity, or any reason at our sole discretion with notice

Upon termination, you remain responsible for any fees owed for services rendered up to the termination date.

8. Prohibited Uses

You agree not to:

• Provide false, inaccurate, or misleading information
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Misrepresent your qualifications or experience
• Use the Service to apply for positions for which you are not qualified
• Share your account credentials with others
• Attempt to circumvent our fees by hiring through employers you met via our Service
• Interfere with the proper functioning of the Service
• Collect user information without consent
• Use automated systems to access the Service without permission

9. Intellectual Property

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

Your Content: You retain ownership of your personal content (resume, work history, etc.). By using our Service, you grant us a license to use, modify, and display your content for the purpose of providing our Service.

Our Content: You may not copy, modify, distribute, or create derivative works based on our Service without permission.

10. Privacy and Data Protection

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

• Sharing your professional information with potential employers
• Recording interviews (with your consent)
• Storing and processing your credentials securely
• Using your data to improve our Service

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, TALENTISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties of uninterrupted or error-free access to the Service
• Warranties regarding job placement or employment outcomes
• Warranties regarding the quality or suitability of job opportunities

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TALENTISH SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or opportunities
• Lost employment opportunities or job offers
• Cost of substitute services
• Damages resulting from reliance on our Service

Maximum Liability: Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount of fees paid by you to Talentish in the 12 months preceding the claim, or $1,000, whichever is less.

13. 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 Service
• Your violation of these Terms
• Your violation of any rights of another party
• False or misleading information you provide
• Your failure to comply with applicable laws

14. Governing Law and Dispute Resolution

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

Dispute Resolution: Any disputes arising from these Terms or the Service 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.

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 material changes by:

• Sending an email to the address associated with your account
• Posting a prominent notice on our website
• Requiring acknowledgment upon your next login

Your continued use of the Service after changes constitutes acceptance of the new Terms.

16. 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.

17. 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 Service.

18. Contact Information

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