Agreement Overview
These Terms of Service ("Terms") govern access to and use of the TalScreener website, mobile applications, APIs, dashboards, artificial intelligence-enabled hiring tools, software, and related services (collectively, the "Services") made available by TalScreener by Xorvo Private Limited ("TalScreener," "Company," "Platform," "Services," "we," "us," or "our").
TalScreener is a technology platform that connects employers, recruiters, and candidates and provides digital hiring tools, including AI-assisted features. TalScreener does not act as the employer, recruiter of record, labor contractor, or legal decision-maker for hiring outcomes, and employers remain responsible for employment-related decisions and compliance when using AI hiring tools.
1. Acceptance of Terms
Access to and use of the Services is conditioned on acceptance of these Terms and any additional policies, order forms, pricing schedules, acceptable use rules, privacy notices, data processing terms, or feature-specific conditions incorporated by reference. If a user does not agree to these Terms, that user must not access or use the Services.
If TalScreener and a Customer enter into a separate signed agreement, order form, enterprise agreement, or master services agreement, that signed agreement will control to the extent of any conflict with these Terms.
2. Definitions and Interpretation
For purposes of these Terms:
- "Account": means a registered account used to access any part of the Services.
- "AI Features": means machine learning, natural language processing, automated scoring, ranking, matching, recommendation, transcription, summarization, screening, or related analytical functions made available through the Services.
- "Authorized User": means a person authorized by a Customer to access the Services under that Customer’s account.
- "Candidate": means a job applicant, user, interview participant, or other individual using the Services in connection with employment or talent opportunities.
- "Customer": means an employer, recruiter, company, organization, or other business entity using the Services.
- "User Content": means any data, text, files, resumes, images, audio, video, transcripts, messages, prompts, profile details, assessments, notes, feedback, or other content submitted, uploaded, recorded, or transmitted through the Services.
- "Applicable Law": means all applicable laws, regulations, codes, governmental orders, and binding regulatory requirements.
Headings are for convenience only and do not affect interpretation. The words “including” and “includes” mean “including without limitation.”
3. Eligibility and Account Registration
Users may access the Services only if they have legal capacity to enter into a binding agreement and are not prohibited from using the Services under Applicable Law. Business users represent that they are using the Services for legitimate hiring, recruitment, staffing, or related workforce purposes.
Users must provide accurate, current, and complete registration information and keep it updated. TalScreener may reject registration requests, require verification, or suspend pending accounts where identity, legality, fraud, security, or compliance concerns arise.
4. User Accounts and Account Security
Users are responsible for all activity conducted through their Accounts and for maintaining the confidentiality of usernames, passwords, API credentials, tokens, and other access credentials. Users must promptly notify TalScreener of unauthorized access, suspected credential compromise, or security incidents affecting their Accounts.
TalScreener may require password rules, multi-factor authentication, device restrictions, session controls, or other security safeguards. Except to the extent prohibited by law, TalScreener is not responsible for losses caused by a user’s failure to protect credentials or maintain appropriate access controls.
5. Services Provided by TalScreener
TalScreener provides hosted software and related services designed to support hiring and recruitment workflows. Depending on the plan or configuration, the Services may include employer dashboards, candidate profile creation, job posting tools, interview scheduling, AI-assisted screening, interview analysis, candidate recommendations, assessments, analytics, messaging, APIs, integrations, and mobile features.
TalScreener may add, remove, suspend, modify, or improve features from time to time. Certain features may be made available as beta, preview, pilot, or limited-release offerings and may be subject to additional restrictions or reduced support levels.
6. Employer Responsibilities and Obligations
Employers, recruiters, and Customers are solely responsible for the lawfulness, accuracy, content, and operation of their job postings, hiring workflows, screening criteria, interview questions, evaluations, and employment decisions. Authorities and legal commentary addressing AI hiring tools consistently place ultimate responsibility for hiring decisions on the employer using the tool rather than the software provider alone.
Each Customer is responsible for ensuring that it has all necessary rights, notices, consents, lawful bases, and authorizations required to collect, upload, use, disclose, and process candidate data through the Services. Customers must independently review AI outputs, maintain human oversight where required, and ensure that their use of the Services complies with employment, labor, privacy, accessibility, consumer protection, and anti-discrimination laws.
7. Candidate Responsibilities and Obligations
Candidates are solely responsible for the truthfulness, legality, and completeness of the information they provide through the Services, including resumes, qualifications, employment history, education records, certifications, portfolios, and profile details. Candidates must not submit misleading, false, fraudulent, infringing, or unlawful content.
Candidates are also responsible for maintaining appropriate devices, connectivity, permissions, and environments needed to participate in interviews, assessments, recordings, or other platform functions. A Candidate must not impersonate another individual or use unauthorized assistance to manipulate assessments or interview outcomes.
8. Acceptable Use Policy
Users may use the Services only for lawful and authorized purposes consistent with these Terms. Users must use the Services in a way that does not compromise platform integrity, security, availability, fairness, or the rights of other users.
Users must not misuse the Services for harassment, fraud, abuse, data scraping, spam, bulk extraction, malicious testing, unlawful surveillance, discriminatory targeting, or other improper purposes. TalScreener may publish additional acceptable use standards from time to time.
9. Prohibited Activities
Users must not, and must not permit others to:
- Use the Services for unlawful, fraudulent, harmful, deceptive, or discriminatory purposes.
- Upload malware, malicious code, ransomware, spyware, or harmful scripts.
- Reverse engineer, decompile, disassemble, copy, scrape, mirror, benchmark without authorization, or attempt to derive non-public elements of the Services except where non-waivable law permits it.
- Circumvent security controls, account restrictions, quotas, usage limits, authentication systems, or feature gates.
- Create fake job postings, fake candidate profiles, or fraudulent employer identities.
- Use the Services to train competing systems or compile unauthorized data sets from platform content or outputs.
- Record, export, resell, or redistribute candidate information, interview materials, transcripts, or other User Content except as authorized by law and the applicable rights holder.
- Interfere with or overload the Services through automated or abusive activity.
10. Job Posting Rules and Employer Content
Employers must ensure that all job postings and employer-submitted content are accurate, lawful, current, non-deceptive, and relevant to legitimate hiring needs. Job postings must not include hidden fees, false compensation claims, unlawful restrictions, prohibited discriminatory criteria, or any content that violates third-party rights or Applicable Law.
TalScreener reserves the right, but not the obligation, to review, reject, edit, suspend, remove, or disable access to any job posting or employer content that appears to violate these Terms, create risk, or compromise user safety or platform integrity.
11. Candidate Profiles, Resumes, and User Content
Users retain ownership of their User Content, subject to the rights granted under these Terms. By submitting User Content, each user represents and warrants that the user has all necessary rights, permissions, and consents to provide that content and authorize its processing through the Services.
TalScreener may store, index, display, reproduce, transmit, format, process, and otherwise use User Content as reasonably necessary to operate, secure, support, and improve the Services, enforce these Terms, comply with law, and fulfill instructions from Customers where applicable.
12. AI-Powered Screening, Assessments, and Interview Services
The Services may include AI Features that parse resumes, generate interview transcripts, produce summaries, rank candidates, identify patterns, recommend matches, score assessments, or support hiring analytics. AI-related SaaS terms commonly clarify that such outputs may be probabilistic, incomplete, or context-dependent and should not be used as the sole basis for consequential decisions.
Advisory AI Outputs Notice
All AI-generated recommendations, scores, rankings, transcripts, summaries, and interview assessments are advisory only. They are not guarantees of suitability, truth, performance, employability, legality, or hiring outcome, and they must not be treated as final hiring decisions.
Employers remain solely responsible for reviewing AI outputs, applying human judgment, and ensuring legal compliance in all hiring-related decisions. Candidates acknowledge that use of AI-assisted services does not guarantee interview performance, job matching accuracy, or employment success.
13. No Guarantee of Employment or Hiring Outcomes
TalScreener does not guarantee that any Candidate will receive an interview, a job offer, or employment through the Services. TalScreener does not guarantee that any employer will identify, interview, or hire a suitable Candidate, or that use of the Services will improve hiring speed, quality, conversion, retention, or business performance.
All hiring, rejection, offer, engagement, compensation, and employment decisions are made solely by the relevant employer or recruiter. TalScreener is not a party to employment agreements or candidate-employer disputes unless expressly agreed in writing.
14. Subscription Plans, Pricing, Billing, and Payments
Paid Services may be offered on subscription, usage-based, seat-based, per-job, enterprise, pilot, or other pricing models. Applicable fees, billing terms, taxes, usage limits, overage rules, and payment schedules will be identified in the relevant pricing page, checkout flow, invoice, or order form.
Unless otherwise stated in writing, fees are non-refundable and non-cancelable once charged, except where required by Applicable Law. TalScreener may suspend or restrict access for overdue balances and may charge lawful interest, recovery costs, or collection fees where permitted.
15. Free Trial Terms and Limitations
TalScreener may offer trial accounts, beta access, limited free plans, proof-of-concept environments, promotional credits, or sandbox functionality. Such offerings may be modified, restricted, or discontinued at any time unless otherwise committed in writing.
To the maximum extent permitted by law, free and trial Services are provided on an “as is” and “as available” basis without warranties, uptime commitments, or support guarantees. Trial and free environments may include feature limits, access limits, branding restrictions, or reduced data retention periods.
16. Subscription Renewal, Upgrade, Downgrade, and Cancellation
Subscriptions may automatically renew unless cancelled before the applicable renewal date in accordance with the order form, plan terms, or account settings. Users are responsible for managing renewal timing and cancellation actions.
Plan upgrades, downgrades, add-ons, usage changes, and cancellation effects may take place immediately or on the next billing cycle depending on the applicable plan. TalScreener may reduce access, features, exports, or storage upon downgrade or cancellation, subject to Applicable Law and any express contractual commitments.
17. Intellectual Property Rights
TalScreener and its licensors retain all right, title, and interest in and to the Services, including software, interfaces, architecture, models, APIs, documentation, workflows, branding, trademarks, and all related intellectual property rights, except for User Content and any rights expressly granted under these Terms.
These Terms grant users only a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Services during the applicable term for authorized internal business use or personal candidate use, as applicable.
18. User-Generated Content License
To the extent necessary to provide and improve the Services, each user grants TalScreener a worldwide, non-exclusive, royalty-free license during the applicable term to host, copy, process, store, adapt, display, transmit, and analyze User Content for service delivery, support, security, maintenance, troubleshooting, legal compliance, and product improvement, subject to the Privacy Policy and Applicable Law.
TalScreener may also use aggregated, anonymized, or de-identified data derived from use of the Services for analytics, benchmarking, security, and service improvement, provided that such data does not reasonably identify an individual or disclose confidential Customer information.
19. Data Privacy and Privacy Policy Reference
TalScreener’s handling of personal data is described in the Privacy Policy, which is incorporated by reference where applicable. The allocation of privacy responsibilities may vary depending on whether TalScreener acts as a controller, processor, service provider, or similar role in a given workflow, and recruitment-related data arrangements often require clear allocation between the hiring organization and the technology vendor.
Where required, TalScreener and Customers may enter into data processing terms, standard contractual clauses, or similar documents. Controllers generally retain primary responsibility for determining why personal data is processed, while processors are expected to follow documented instructions and protect data appropriately.
20. Third-Party Services and Integrations
The Services may work with or rely upon third-party products and services such as payment processors, cloud hosting providers, storage providers, communications vendors, analytics tools, job boards, ATS systems, and other integration partners. TalScreener is not responsible for third-party services, content, availability, or conduct outside its control unless expressly agreed otherwise in writing.
Users who enable third-party integrations authorize TalScreener to exchange relevant data with those integrations to provide the requested functionality. Third-party services may be subject to separate terms, privacy notices, and technical limitations.
21. Platform Availability and Service Interruptions
TalScreener will use commercially reasonable efforts to make the Services available, but does not guarantee uninterrupted, secure, or error-free operation. Downtime or degraded performance may occur because of maintenance, upgrades, internet outages, cloud failures, third-party disruptions, cybersecurity events, or other operational issues.
Unless expressly stated in a signed service-level agreement, TalScreener does not provide any uptime commitment or service credit obligation.
22. Disclaimer of Warranties
To the maximum extent permitted by Applicable Law, the Services are provided on an “as is” and “as available” basis. TalScreener disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, uninterrupted availability, secure operation, and results.
TalScreener does not warrant that the Services, AI Features, outputs, analytics, recommendations, rankings, transcripts, or assessments will be accurate, complete, unbiased, lawful for every use case, or suitable as the sole basis for important decisions.
23. Limitation of Liability
To the maximum extent permitted by Applicable Law, TalScreener and its affiliates, directors, officers, employees, licensors, contractors, and service providers will not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, or for any loss of profits, revenues, savings, business opportunities, goodwill, contracts, data, or reputation arising from or related to the Services.
To the maximum extent permitted by Applicable Law, TalScreener’s aggregate liability arising out of or relating to the Services or these Terms will not exceed the total fees paid by the Customer for the specific Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim. For free users, TalScreener’s total liability will not exceed INR 5,000 or the minimum amount permitted by law, whichever is greater.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, gross negligence, or other non-waivable liabilities where Applicable Law so requires.
24. Indemnification
To the maximum extent permitted by Applicable Law, each Customer agrees to defend, indemnify, and hold harmless TalScreener, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, losses, damages, penalties, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) Customer Data or User Content; (b) job postings, hiring workflows, adverse actions, or hiring decisions; (c) the Customer’s use of the Services; (d) violation of Applicable Law; (e) breach of these Terms; or (f) infringement, privacy violations, discrimination claims, or other harms caused by Customer-provided materials or conduct.
Each Candidate agrees, to the maximum extent permitted by law, to indemnify and hold harmless TalScreener from third-party claims arising from fraudulent submissions, impersonation, infringement, unlawful conduct, or breach of these Terms by that Candidate.
25. Compliance with Employment and Recruitment Laws
Employers are solely responsible for complying with all employment and recruitment laws applicable to their use of the Services, including laws relating to equal opportunity, discrimination, accommodations, notice, background screening, biometrics, candidate communications, recordkeeping, and hiring fairness. Use of a third-party hiring technology platform does not transfer ultimate legal responsibility for the recruitment process away from the employer.
TalScreener does not provide legal advice or guarantee that use of the Services will satisfy any regulatory or statutory requirement in any jurisdiction.
26. Anti-Discrimination & Equal Opportunity
TalScreener supports lawful and fair recruitment practices. Users must not use the Services to discriminate unlawfully on the basis of race, caste, ethnicity, religion, sex, sexual orientation, gender identity, age, disability, marital status, national origin, veteran status, genetic information, pregnancy, or any other protected characteristic under Applicable Law.
Employers must independently evaluate whether their workflows, criteria, and AI-supported hiring processes comply with applicable anti-discrimination and equal opportunity requirements. Legal guidance on AI hiring tools emphasizes that employers may remain accountable for discriminatory impact even where a third-party vendor is involved.
27. Suspension and Termination of Accounts
TalScreener may suspend, restrict, or terminate access to the Services immediately, with or without notice, if TalScreener reasonably believes that a user has violated these Terms, failed to pay fees, created legal risk, compromised security, misused the Services, or engaged in prohibited conduct.
Users may stop using the Services at any time, and Customers may terminate paid plans in accordance with the applicable billing or contract terms. Upon termination, access rights will cease and TalScreener may retain or delete data in accordance with the Privacy Policy, contractual commitments, legal requirements, and retention practices.
28. Dispute Resolution and Arbitration
Any dispute arising out of or relating to these Terms or the Services will first be addressed through good-faith discussions initiated by written notice. If the dispute is not resolved within 30 days, TalScreener may require confidential arbitration under the Arbitration and Conciliation Act, 1996 of India, unless Applicable Law prohibits arbitration for the relevant claim or party.
To the extent permitted by law, each party waives any right to participate in class actions, class arbitrations, representative proceedings, or jury trials. TalScreener may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, security, or other urgent interests.
29. Governing Law and Jurisdiction
These Terms are governed by the laws of India, without regard to conflict-of-laws principles. Subject to Section 28, the courts located in Odisha, India will have exclusive jurisdiction over any dispute not subject to valid arbitration.
Mandatory rights that apply under non-waivable consumer, labor, privacy, or employment laws will continue to apply where required.
30. Force Majeure
TalScreener will not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, internet failures, labor disputes, war, terrorism, civil unrest, governmental action, utility failures, cloud outages, vendor failures, epidemics, pandemics, or cyber incidents.
The affected party may suspend performance for the duration of the force majeure event and a reasonable recovery period.
31. Changes to Services and Terms
TalScreener may modify the Services, pricing, features, policies, or these Terms from time to time. Updated Terms become effective on the revised effective date or as otherwise communicated.
Where required by law, TalScreener will provide notice of material changes using reasonable communication methods. Continued use of the Services after the effective date of updated Terms constitutes acceptance to the extent permitted by law.
32. Notices and Communications
TalScreener may provide notices by email, dashboard notification, website posting, invoice message, in-product banner, or other reasonable electronic means. Users consent to receive electronic communications relating to service operation, legal notices, billing, security, and updates.
Users are responsible for keeping their contact information current. Notices to TalScreener must be sent to the contact details listed below unless a separate agreement specifies a different notice address.
33. Contact Information
For legal notices, support, or contractual questions, contact: