Terms of Service

Last updated November 16, 2023.

The Gist

We here at Talent Software, together with its parents, subsidiaries and affiliates (“Talent Software”, “we”, “us”), provide online recruiting services (“Applicant Tracking Software”) and onboarding (“Employee Onboarding” or “Onboarding”) software-as-a-service (the “Service(s)”) and would love for you to use the Services to build your dream team, whether you are an employer, recruiter, or other hiring professional offering real employment opportunities (a “User”).

The following terms of service govern all use of the Services, related domains or subdomains, and all content, services and products available at or through the Services, including, but not limited to, the Applicant Tracking Software Service and Employee Onboarding Service, (taken together, the “Website(s)”). The Websites are owned and operated by Talent Software and are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Websites by Talent Software (collectively, the “Terms”).

Please read these Terms very carefully before using the Services. By agreeing to these Terms or by accessing or using any part of the Websites or Services on behalf of a company or organization, you agree that you and the company or organization shall be bound by these Terms. You warrant and represent that you have full capacity and authority to enter into these Terms on behalf of the company or organization. If you do not agree to all the Terms, then you may not access the Websites or use any Services. The Websites and Services are available only to individuals who are at least 13 years old.

Our Services are designed to give Users as much control and ownership over your recruiting and onboarding processes as possible. However, be responsible in your use of the Services. In particular, make sure that no illegal or prohibited items listed herein appear in connection with, or linked to, your use of the Services or (for example, spam, viruses, hate content, or other illegal content).

Accessing the Websites and the Services

Prior to using the Services, a User shall first be required to register for an Account (“Account”) by completing an online registration form directly on the Websites, via an integration with another software platform, or through other acceptable means. Talent Software may require the User to confirm the User’s email address via an email confirmation process after the Account has been created before the User may access all of the features available via the Services.

We reserve the right to conduct a verification process on all Accounts and, at any time, to:

  • Terminate or suspend access to the Websites or Services for any violation of these Terms or upon discovery that you have misrepresented your company or organization to us in any way. Where use is terminated for violation or breach of the Terms, we will have no obligation to provide a refund of any amounts previously paid.
  • Take any action with respect to User-created content that we deem necessary and appropriate if we have reason to believe that content violates the Terms.
  • Disclose your identity or other information about you to any third party that presents a reasonable claim that your User-created violates that third party’s rights.


In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information (“Security Incident“)), in our possession or control, we agree to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

User Obligations

You agree that any and all content you create through the Services:

  • does not violate any international, federal, state, local, or other applicable laws.
  • does not discriminate on the basis of age, color, religion, disability, race, or sex (including gender identity, sexual orientation, and pregnancy).
  • does not contain misleading, false, or inaccurate information.
  • does not contain material or links to material that is exploitative in a sexual or violent manner, or solicits work for people under the legal age of work eligibility.
  • does not contain public-facing job links that contain information of competitors of Talent Software, or posts or links to competitors of Talent Software, unless expressly stated otherwise.
  • does not sell, promote, or advertise products or services.
  • does not concern jobs in which an applicant is subject to pay fees for work consideration, or involve multi-level marketing (MLM), franchise fees, membership fees, distributorship fees, or pyramid schemes.
  • does not advertise sexual services or jobs of a sexual nature.
  • represents a legitimate employment opportunity indicated by an employer’s use of Form W2 or 1099 IRS forms or other valid government-issued employment forms (any 1099 or contractor opportunities must be clearly stated as such in the job posting description).
    does not advertise any modeling, acting, entertainment or talent scouting agency employment.
  • does not advertise any commission-only position, unless that is clearly stated in the job posting, and clearly states the product or service the applicant would be selling.
  • does not describe or assign keywords in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
  • is entirely your responsibility, including any harm resulting from that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. If your company or organization has rights to intellectual property you create, you have either (i) received permission from your company or organization to post or make available the content, including but not limited to any software, or (ii) secured from your company or organization a waiver as to all rights in or to the content.
  • does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
  • is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
  • is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
  • is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other services and websites, and similar unsolicited promotional methods.
  • is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your job listing service’s URL or name is not the name of a person other than yourself or a company or organization other than the one you are representing.
  • is, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.

Job Postings


You agree that any job posting you create with the Services:


  • will be unique (having more than one active job listing for the same open position is expressly prohibited).
  • will, when advertised through the Websites on any third-party sites, comply with the published terms of service of such third-party sites.
  • contains adequate information about the job in order for a jobseeker to make an informed decision whether to apply for the job in question.

Free and Paid Job Boards

We may offer Users the option to indicate a preference to post an active job posting(s) in a User’s Account to our network of free job boards or social media sites. We may also offer to Users the option to purchase advertising for an active job posting(s) in a User’s Account on our network of paid online job boards or social media sites. Each participating member of our free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, we reserve the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. When posting a job to a third-party (free or paid) job board, it is your responsibility to ensure that your job posting is in compliance with the terms and conditions of that job board. We will not collect payment from a User for advertising a job posting where we do not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.

You agree to use the Websites and Services responsibly and that you:

  • will not communicate with applicants, new hires, or other Users in any way other than that which is expected (such as contacting a job applicant to discuss the job posting applied for, contacting a new hire about the onboarding process, or communicating about an applicant or new hire with another User).
  • will not communicate with other Users, new hires, or applicants in a solicitous manner, including communications made via email.
  • will protect and maintain the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your Account regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms, we reserve the right to cancel your account. You agree to notify Support via the contact information provided in the Terms in the event that you become aware of unauthorized use of, or access to, your account.
  • will be responsible for protecting and maintaining the security of your Account and for all content created and activities that occur therewith.
  • will notify Support via the contact information provided in the Terms if you become aware of any misuse of the Websites or Services.
  • will not tamper with the material posted by other Users.
  • agree that we will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • you have fully complied with any third-party licenses relating to any User-created content, and have done all things necessary to successfully pass through to end users any required terms.

By submitting publicly available content through your use of the Websites, you grant Talent Software a worldwide, royalty-free, and non-exclusive license to include submitted content on our website and/or to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing and promoting your content and/or Talent Software. If you delete content, we will use reasonable efforts to remove it from the relevant Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.

You also agree that we may identify the company or organization name associated with the Account as a User of the Services and use that company or organization’s logo and/or trademark in sales presentations, promotional and marketing materials and communications, press releases, and on our website for promotional purposes.

Fees and Payment

Paid products or services such as recurring subscriptions, job posting advertisements, background checks, automated reference checks, I-9/E-Verify services, or other options may be available through the Services. By selecting a paid service, you agree to pay us any fees indicated. Payments will be charged as indicated and will cover the use of that paid service for the time period indicated. Paid products or services, including subscription fees, are not refundable.


We reserve the right, at any time, to change prices and billing methods for the Services, effective immediately upon notification within the Websites or by email delivery to you.

Refund Policy


The Services are recurring subscription services and are charged or invoiced automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due in advance of that renewal date. When you cancel your subscription, we will not bill you again, but do not offer refunds or credits for partial or unused periods of service or for upgrades/downgrades.

For any upgrade in subscription plan level, at the point in time when you upgrade, the new plan level and fee are effective immediately and you will automatically and immediately be charged. Downgrading your subscription plan level will not result in any refund and may cause the immediate loss of access to content, features, or capacity of the previously active plan level.

Responsibility of Visitors to the Website(s)

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, we do not represent or imply that we endorse the posted material, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to the Websites or the Services. We do not have any control over those non-Talent Software websites and webpages, and we are not responsible for their contents or their use. By linking to a non-Talent Software website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Talent Software websites and webpages.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of us or others, we may, in our discretion, terminate or deny access to and use of the Websites.

Intellectual Property


These Terms do not transfer from us to you any Talent Software or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Talent Software, the Talent Software logo, and all other trademarks, service marks, graphics and logos used in connection with Talent Software, or the Websites are trademarks or registered trademarks of Talent Software or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Talent Software or third-party trademarks.

Reliance on Third-Party Systems

We do not store any credit card information from you. Instead, we pass credit card information to our payment gateway through a payment management software provider and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.

General Data Protection Regulation (GDPR)

These Terms incorporate the Data Processing Addendum (“DPA”) for Applicant Tracking Software and Data Processing Addendum (“DPA”) for Employee Onboarding when the GDPR applies to your use of the Services to process personal data (as defined in the DPA).


Except as otherwise provided in these Terms, notices and other communications under these Terms shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

Mailing Address:
Talent Software
PO Box 697
Bartonsville, PA 18321

Email Address: support@talent.software

Your notice must specify your name and the company or organization name associated with the Account or matter you are contacting us regarding. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

Availability of Services

We will make every available effort to keep the Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

Email Communications from Us to You

You agree that we may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe Users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@talent.software. Some email messages are related to your Account status and can only be opted-out of by canceling your Account.


We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. We will provide a notification to Users upon making changes to these Terms in the future. You are advised to print and retain a copy of these Terms, and any future changes thereto, for future reference. Your continued use of or access to the Websites and Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.


We may terminate your access to all or any part of the Websites or Services at any time, with or without notice, effective immediately. If you wish to terminate your Account (if you have one), you may cancel your Account or contact support@talent.software or your designated representative. We may cancel your Account if you materially breach these Terms. All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Websites and Services are provided “as is”. We, together with our suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, make any warranty that the Websites and Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.

Limitation of Liability

In no event shall Talent Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Talent Software has been advised of the possibility of such damages. Talent Software also makes no representations or warranties that your access to and use of the site, materials, content, Services and Accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.

In no event shall Talent Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

If, notwithstanding the other terms herein, Talent Software should have any liability to you or any third party for any loss, harm or damage, you and Talent Software agree that in no event shall liability of Talent Software to you for any reason exceed our service charges during the affected period giving rise to such liability.

You and Talent Software agree that this section of the Terms, “Limitation of Liability”, is an agreed allocation of risk between you and Talent Software. You acknowledge that, absent your agreement to this Limitation of Liability, Talent Software would not provide the Websites, Services, materials, content, or Accounts to you.

General Representation and Warranty

You represent and warrant that (i) your use of the Websites will be in strict accordance with our Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.


These Terms constitute the entire Agreement (“Agreement”) between Talent Software and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Talent Software, or by the posting by Talent Software of a revised version. Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Websites shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such a manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Talent Software’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Talent Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.