Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using TalentAvatar's website, mobile applications (iOS and Android), or services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Platform.

2. Description of Service

TalentAvatar is a career coaching platform that provides:

• AI-powered career guidance and coaching
• Resume/CV analysis and optimization
• Personality assessments (IPIP-OCEAN)
• Career development tools and resources
• Professional profile management
• Interview preparation assistance
• Skills assessment and recommendations

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice.

3. Eligibility

You must be at least 16 years of age to use the Platform. By using the Platform, you represent and warrant that:

• You are at least 16 years old
• You have the legal capacity to enter into these Terms
• You will provide accurate and complete information
• You will comply with all applicable laws and regulations

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Not share your account with others
• Notify us immediately of any unauthorized access

4.2 Authentication

We use AWS Cognito for secure authentication. You are responsible for maintaining the confidentiality of your login credentials. You agree to accept responsibility for all activities that occur under your account.

4.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate accounts that violate these Terms or our Acceptable Use Policy.

5. Subscription and Payment Terms

5.1 Service Plans

TalentAvatar offers various service plans, which may include:

• Free Trial: Limited access to certain features for evaluation purposes
• Subscription Plans: Paid plans with varying levels of access and features
• One-time Services: Individual services available for purchase

5.2 Billing and Payment

Payment processing is handled securely through Stripe and/or Paddle. By subscribing to a paid plan, you agree to:

• Provide current, complete, and accurate payment information
• Pay all fees and applicable taxes
• Authorize automatic recurring charges (for subscription plans)
• Update payment information to avoid service interruption

5.3 Subscription Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged the then-current rate. You can cancel your subscription at any time through your account settings.

5.4 Refunds and Cancellations

• You may cancel your subscription at any time
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Refunds for specific circumstances may be considered on a case-by-case basis
• Free trial cancellations can be made at any time without charge

5.5 Price Changes

We reserve the right to change our pricing at any time. We will provide advance notice of price changes for existing subscribers. Continued use after a price change constitutes acceptance of the new pricing.

6. User Content and Data

6.1 Your Content

You retain ownership of all content you upload, including resumes, profiles, and other information ("User Content"). By uploading User Content, you grant TalentAvatar a limited license to:

• Store and process your content to provide the Platform services
• Use anonymized, aggregated data to improve our services
• Process your content through AI services as described in our Privacy Policy

6.2 Content Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain malicious code or viruses
• Your User Content is accurate and not misleading

6.3 Data Deletion

You can delete your User Content and account at any time. We will delete or anonymize your data in accordance with our Privacy Policy, except where retention is required by law.

7. AI Services and Disclaimer

7.1 AI-Generated Content

Important Disclaimer: Our Platform uses artificial intelligence to provide career advice, resume analysis, and recommendations. AI-generated content is provided for informational purposes only and should not be considered professional career counseling or legal advice.

7.2 No Liability for AI Recommendations

TalentAvatar is NOT liable for:

• Decisions made based on AI-generated recommendations
• Career outcomes resulting from following AI advice
• Errors, inaccuracies, or omissions in AI-generated content
• Suitability of AI recommendations for your specific situation
• Job placement, hiring outcomes, or career success

7.3 Your Responsibility

You acknowledge and agree that:

• AI-generated content may contain errors or inaccuracies
• You should verify all information independently
• Professional judgment should be used when making career decisions
• You should consult with qualified professionals for personalized advice
• TalentAvatar does not guarantee any specific career outcomes

8. Intellectual Property Rights

8.1 Platform Ownership

The Platform, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by TalentAvatar and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer, decompile, or disassemble the Platform
• Sell, rent, lease, or sublicense access to the Platform
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Platform to develop competing services
• Extract data through automated means (scraping, bots, etc.)

9. Prohibited Activities

You agree not to engage in any activities prohibited by our Acceptable Use Policy, including but not limited to:

• Uploading malicious code, viruses, or harmful content
• Attempting to gain unauthorized access to the Platform
• Interfering with the proper functioning of the Platform
• Harassing, threatening, or impersonating others
• Violating any applicable laws or regulations
• Submitting false, misleading, or fraudulent information
• Using the Platform for illegal purposes

10. Third-Party Services and Links

The Platform may contain links to third-party websites or integrate with third-party services (e.g., payment processors, AI providers). We are not responsible for:

• The content or practices of third-party websites
• The privacy policies of third-party services
• Any damages resulting from your use of third-party services

Your use of third-party services is subject to their respective terms and conditions.

11. Disclaimers and Limitation of Liability

11.1 Service "As Is"

THE PLATFORM 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.

11.2 No Guarantees

We do not warrant that:

• The Platform will be uninterrupted, secure, or error-free
• Results obtained from the Platform will be accurate or reliable
• Any errors or defects will be corrected
• The Platform will meet your specific requirements
• AI-generated advice will be suitable for your situation

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALENTAVATAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Platform
• Any unauthorized access to or use of our servers and/or your personal information
• Any interruption or cessation of transmission to or from the Platform
• Any bugs, viruses, or harmful code transmitted through the Platform
• Any errors or omissions in any content or for any loss or damage incurred from use of any content
• Career decisions or outcomes resulting from use of the Platform

11.4 Maximum Liability

In no event shall TalentAvatar's total liability to you for all damages exceed the amount paid by you to TalentAvatar in the twelve (12) months preceding the claim, or £100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless TalentAvatar, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Jurisdiction

You agree that any dispute arising from or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at legal@talentavatar.com to attempt to resolve the dispute informally.

14. App Store Additional Terms

14.1 Apple App Store

If you access the Platform through the Apple App Store, you acknowledge and agree that:

• These Terms are between you and TalentAvatar, not Apple
• Apple has no obligation to provide support services
• Apple is not responsible for addressing any claims relating to the app
• Apple is a third-party beneficiary of these Terms and may enforce them

14.2 Google Play Store

If you access the Platform through Google Play, you agree to comply with the then-current Google Play Terms of Service.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will:

• Post updated Terms on this page with a new "Last Updated" date
• Notify you of material changes via email or platform notification
• Provide reasonable notice before changes take effect

Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform and delete your account.

16. Termination

16.1 By You

You may terminate your account at any time by deleting it through your account settings or contacting support@talentavatar.com.

16.2 By Us

We may suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• At our sole discretion

16.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform will immediately cease
• You will no longer have access to your User Content
• We may delete your account and data in accordance with our Privacy Policy
• You remain liable for all fees incurred prior to termination
• Sections that by their nature should survive termination will continue to apply

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and TalentAvatar regarding the Platform and supersede all prior agreements and understandings.

19. Contact Information