Talevo Terms of Service

3.1 Account Registration (Employers)

To use the Service as an employer, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.2 User Roles

The Service supports multiple user roles (e.g., Admin, Manager) with varying levels of access and permissions. You are responsible for managing user roles within your organization and ensuring that users only have access to the information necessary for their job functions.

3.3 Applicant Accounts

Job applicants do not need to create a user account to submit applications. By submitting an application, applicants agree to the terms of our Applicant Privacy Policy and consent to the processing of their information as described therein.

5.1 Customer Data

Employers retain all rights to the data they input into the Service, including applicant information, job postings, and company settings ("Customer Data"). We will not access, use, or disclose Customer Data except as necessary to provide the Service or as required by law.

5.2 Data Security and Isolation

We implement multi-tenant data isolation to ensure that Customer Data is segregated and accessible only by authorized users within each employer's organization. However, you are responsible for configuring user permissions appropriately and maintaining the security of your account credentials.

5.3 Privacy Policy

Our collection and use of personal information is governed by our Applicant Privacy Policy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

7.1 SMS Functionality

The Service includes SMS messaging functionality to enable communication between employers and job applicants. This feature is provided through our third-party provider, Twilio, and is subject to Twilio's terms of service.

7.2 TCPA Compliance and Consent Requirements

As an employer using the SMS functionality, you are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), A2P 10DLC regulations, and all applicable federal, state, and local laws governing automated text messaging. You agree to:

• Obtain prior express written consent from applicants before sending SMS messages
• Only send SMS messages for job application purposes (verification codes, application status updates, interview scheduling, and direct recruiter communication)
• Provide clear opt-out instructions in all messages (applicants can reply STOP to opt out)
• Honor opt-out requests immediately and maintain records of opt-outs
• Not send marketing, promotional, or solicitation messages unrelated to the job application
• Maintain accurate records of consent and message content for at least 3 years

7.3 Acceptable Use of SMS Messaging

You agree to use the SMS functionality ONLY for the following purposes:

• Verification Codes: Sending one-time passwords (OTP) for phone number verification during application submission
• Application Status: Notifying applicants of changes to their application status (e.g., "Interview Scheduled," "Offer Sent")
• Interview Scheduling: Communicating interview times, locations, and reminders
• Recruiter Communication: Direct two-way messaging between recruiters and applicants regarding the specific job application

You agree NOT to use SMS messaging for:

• Marketing, advertising, or promotional messages
• Soliciting applicants for unrelated jobs or services
• Spam, bulk unsolicited messages, or fraudulent communications
• Messages containing prohibited content (harassment, threats, discrimination, obscenity)
• Any purpose unrelated to the applicant's specific job application

7.4 Rate Limits and Message Quotas

To prevent abuse and ensure system reliability, we implement per-company rate limits on SMS messaging. Exceeding these limits may result in temporary suspension of SMS functionality for your organization. Current rate limits are communicated in your subscription plan details.

7.5 Monitoring and Compliance Enforcement

We reserve the right to monitor SMS message content and volume to ensure compliance with these Terms and applicable laws. If we determine that you are using the SMS functionality in violation of this policy, we may immediately suspend or terminate your SMS access without prior notice. We may also report violations to Twilio and regulatory authorities as required by law.

7.6 Client Liability for SMS Violations

You acknowledge that you are the sender of all SMS messages sent through the Service and that we act solely as a technology platform provider. You are solely responsible for any claims, fines, penalties, or damages arising from your SMS messaging practices, including but not limited to TCPA violations (which can result in statutory damages of up to $1,500 per message). You agree to indemnify and hold us harmless from any such claims.

7.7 SMS Complaint Handling

If we receive complaints from applicants, carriers, or regulatory authorities regarding SMS messages sent through your account, we will notify you and may require you to provide evidence of consent and compliance. Failure to respond or provide satisfactory evidence may result in immediate suspension of SMS functionality and potential termination of your account.

8.1 Subscription Plans

The Service is offered on a subscription basis with various plans and pricing tiers. Current pricing and plan details are available on our website. We reserve the right to modify our pricing with 30 days' notice to existing subscribers.

8.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method on file for all applicable fees. If payment fails, we may suspend your access to the Service until payment is received.

8.3 Usage-Based Fees

Certain features, such as SMS messaging, electronic signature services, and AI assistant tools, may incur additional usage-based fees. You will be notified of these fees before using such features.

9.1 Our Intellectual Property

The Service, including all software, designs, graphics, text, and other materials, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for its intended purposes.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback into the Service without any obligation to you.

11.1 Uptime

We strive to maintain 99.9% uptime for the Service, but we do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with advance notice.

11.2 Support

Technical support is available via email during business hours. Response times vary depending on your subscription plan.

12.1 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial billing periods.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay fees, or engage in conduct that we determine to be harmful to the Service or other users.

12.3 Data Retention After Termination

Upon termination, you will have 30 days to export your Customer Data. After 30 days, we may delete your data in accordance with our data retention policies and legal requirements.

13.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Employment Law Compliance

WE ARE NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH EMPLOYMENT LAWS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND YOUR EMPLOYMENT PRACTICES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

15.2 Arbitration

Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs of arbitration.

15.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.