Terms of Service

1. Acceptance and authority

By creating an account, paying for a subscription, accessing a demo, or otherwise using TalentX (the “Service”), you (“Customer”, “you”) agree to these Terms on behalf of the organisation whose workspace you create or administer.

You represent that you are at least 18 years old and have full legal authority to bind that organisation. If you do not agree, do not use the Service.

2. What TalentX is (and is not)

TalentX is software that helps organisations manage skills profiles, internal mobility signals, open roles, and skills-based fit scores. It is provided as cloud Software-as-a-Service and, where separately licensed, as a self-hosted edition.

TalentX is a decision-support tool only. It does not make hiring, promotion, transfer, redundancy, or any other employment decision for you. Fit scores and rankings are informational estimates based on data you enter. You alone are responsible for all HR, employment, and organisational decisions and for complying with employment, equality, works-council, and data-protection law.

3. Account registration and security

• You must provide accurate registration and billing information.
• You are responsible for safeguarding credentials and for all activity under your workspace, including by your users.
• Notify us promptly of any unauthorised access.
• Demo accounts (if provided) are for evaluation only, may be reset at any time, and must not be used to process real personal data of your employees.

4. Payment, renewals, and refunds

• Paid plans only. Cloud workspaces are created after payment is confirmed.
• Payments are processed by Stripe. You also agree to Stripe’s terms. We are not responsible for Stripe’s systems or decisions.
• Subscriptions renew automatically until cancelled. Cancel any time in billing settings; access continues until the end of the paid period.
• No partial refunds for unused time after the money-back window below.
• Listed prices exclude VAT. Where EU VAT applies, it may be added on the invoice or at checkout (+VAT).
• We may change prices with at least 30 days’ notice to your admin email. Changes apply to the next billing period.

7-day money-back guarantee (cloud only)

If you are not satisfied, email hello@testcodesleep.com within 7 days of your first subscription payment (subject “Refund request”, include org slug and signup email). We will refund that first payment. This is your sole and exclusive remedy for dissatisfaction with the Service.

• Does not apply to renewals, upgrades, or later annual renewals.
• Self-hosted licence fees are non-refundable once the licence materials are delivered.

5. Acceptable use

You agree not to:

• Use the Service unlawfully or to violate any applicable law (including employment and equality law).
• Upload or process personal data without a lawful basis and any required notices/consents.
• Use fit scores as the sole basis for automated decisions that produce legal or similarly significant effects on individuals, unless you implement required human oversight and legal safeguards.
• Probe, scan, or attack the Service, or circumvent security or plan limits.
• Resell, sublicense, or white-label the Service without our written consent.
• Reverse-engineer the Service except where mandatory law allows.
• Impose unreasonable load or abuse APIs, bots, or integrations.

6. Your data, GDPR, and your responsibilities

For personal data of your employees and other individuals in your workspace, you are the Data Controller and TestCodeSleep acts as Data Processor (GDPR Art. 28) when providing the cloud Service.

You are solely responsible for: lawful basis; informing data subjects; works-council / employee-representative requirements; access control inside your organisation; accuracy of skills and HR data; and how you use scores and reports.

Our Privacy Notice describes platform-level processing. A Data Processing Agreement is available on request: privacy@talentx.app.

For self-hosted deployments, you operate the software on your infrastructure; we typically have no access to your data and do not act as processor for that instance unless we separately agree in writing.

7. Intellectual property

The Service (software, design, trademarks, documentation) is owned by TestCodeSleep. These Terms grant only a limited, non-exclusive, non-transferable right to use the Service during a paid subscription (or under a separate self-hosted licence).

You retain rights to Customer Data you upload. You grant us a limited licence to host, process, and display that data solely to provide and secure the Service.

8. Availability, changes, and third parties

• Cloud: provided on a best-effort basis. No guaranteed uptime unless an Enterprise contract expressly states otherwise.
• Self-hosted: you are solely responsible for installation, uptime, backups, and security.
• We may modify, suspend, or discontinue features with reasonable notice where practicable.
• We are not liable for failures of third-party services (including Stripe, email providers, Microsoft Azure AD / Teams, hosting providers, or DNS).

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OR COMPLETENESS OF FIT SCORES, RANKINGS, ANALYTICS, OR RECOMMENDATIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS OR HR OUTCOME.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, GOODWILL, OR DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR EMPLOYMENT, DISCRIMINATION, OR LABOUR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR FROM DECISIONS YOU MAKE.
• OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF NONE, EUR 100).
• THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES.

Nothing in these Terms excludes or limits liability that cannot be excluded under Polish or mandatory EU law (including liability for wilful misconduct or, where mandatory, death or personal injury caused by negligence). If you are entitled to mandatory rights that cannot be waived, those rights apply only to the minimum extent required.

11. Indemnity (you protect us)

You will defend, indemnify, and hold harmless TestCodeSleep and its owners, employees, and contractors from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of: (a) Customer Data or your use of the Service; (b) your employment, HR, or organisational decisions; (c) your breach of these Terms or law (including GDPR as Controller); (d) claims by your employees, candidates, works councils, or regulators related to how you configured or used TalentX; or (e) disputes between you and your users.

12. Suspension and termination

• By you: cancel via billing settings; export data before the end of the period if you wish.
• By us: we may suspend or terminate immediately for breach of these Terms, non-payment, legal risk, abuse, or to protect the Service or others.
• After termination, cloud Customer Data is typically retained up to 30 days then deleted, unless law requires longer retention or you request earlier deletion where feasible.
• Sections 6–11, 13–16 survive termination.

13. Changes to these Terms

We may update these Terms with at least 30 days’ notice to the admin email on your account (or by posting on the site for demos/visitors). Continued use after the effective date constitutes acceptance. If you disagree, cancel before the new Terms take effect; the 7-day money-back guarantee does not reopen for renewals.

14. Governing law, venue, and claims period

These Terms are governed by the laws of the Republic of Poland, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Any dispute shall be resolved exclusively by the competent courts of Poland (commercial division where applicable). You consent to that venue and waive objections based on inconvenient forum.

Any claim arising out of the Service or these Terms must be filed within one (1) year after it arose, or it is permanently barred, except where a longer period is mandatory under applicable law.

15. General

• Entire agreement: these Terms (plus any signed Order, DPA, or Enterprise contract) are the entire agreement and supersede prior proposals or discussions.
• Severability: if a provision is unenforceable, the rest remains in effect; the invalid part is modified to the minimum extent needed.
• No waiver: failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our consent; we may assign to an affiliate or successor.
• Force majeure: we are not liable for delays or failures caused by events beyond reasonable control (including outages of hosting, network, or payment providers).
• No partnership: nothing creates a partnership, joint venture, or employment relationship.
• Language: the English version controls unless a signed Polish contract says otherwise.

16. Contact

TestCodeSleep · TalentX
hello@testcodesleep.com
Privacy: privacy@talentx.app
Privacy Notice