Terms of Use

These Terms of Use ("Terms") govern the use of CyberTalent.ai's website and services by all individuals seeking employment opportunities or information related to career advancement ("Candidates"), organizations seeking to connect with cyber talent for available positions ("Employers"), and third-party recruiters ("Recruiters") using CyberTalent.ai for talent matching. Collectively, Candidates, Employers, Recruiters, and other users of CyberTalent.ai’s website and services are referred to as "Users."

These Terms, along with the CyberTalent.ai Privacy Policy (incorporated by reference), create a binding legal agreement between You (“You” or “Your”) and CyberTalent.ai LLC, including any affiliated companies (collectively "CyberTalent.ai"). By accessing or using CyberTalent.ai’s website and services, You accept and agree to these Terms. If You do not agree to these Terms, please do not use the CyberTalent.ai website or services.

CyberTalent.ai may revise these Terms at any time by updating the document on our website. You should review these Terms regularly, as continued use of CyberTalent.ai constitutes acceptance of any modifications.

CyberTalent.ai is a cyber talent matching service that facilitates confidential and secure connections between Candidates, Employers, and Recruiters. CyberTalent.ai is not a job board; we do not host job postings for public access or provide a resume database open to the public. Instead, we offer Employers and Recruiters tailored access to select Candidates based on specific matching criteria. Users may review anonymized profiles of Candidates before paying to unlock more detailed information, including interview questions, quantitative metrics and contact information to initiate private discussions.

You must be at least 13 years old to use CyberTalent.ai’s website and services. If You are under the age of 18 (or the age of majority in Your jurisdiction), You must use CyberTalent.ai under the supervision of a parent or legal guardian who agrees to be bound by these Terms on Your behalf.

All Users (including Candidates, Employers, and Recruiters) agree to the following:

• Accuracy of Information: You agree that any personal information, profile data, or information You submit to CyberTalent.ai is accurate, current, and complete. You may not submit any false, misleading, or incomplete information.
• Account Security: You are responsible for maintaining the confidentiality of Your account credentials and are liable for any activity conducted under Your account. If You suspect any unauthorized use of Your account, notify CyberTalent.ai immediately.
• Prohibited Activities: Users may not:
• Use CyberTalent.ai’s website or services for any illegal activity or any activity that violates these Terms.
• Use automated systems (such as robots, spiders, or scrapers) to access CyberTalent.ai’s services without express permission.
• Transmit any malicious software or code to or through CyberTalent.ai’s website.
• Attempt to probe, scan, or test the security of any CyberTalent.ai system or network.
• Post or transmit any offensive, harassing, or misleading content, including content that promotes discrimination or illegal activities.

CyberTalent.ai’s website and services contain content such as text, graphics, logos, videos, software, and other materials (collectively, "CyberTalent.ai Content"). CyberTalent.ai Content is protected under copyright, trademark, and other laws. You are permitted to access and use CyberTalent.ai Content solely for personal use. Unauthorized use, reproduction, distribution, or modification of CyberTalent.ai Content is prohibited. You may not:

• Use CyberTalent.ai Content for any commercial purpose unrelated to the use of CyberTalent.ai services.
• Modify, adapt, or reverse engineer any code, software, or content owned by CyberTalent.ai.
• Use CyberTalent.ai Content in any manner that could create confusion, discredit CyberTalent.ai, or infringe on intellectual property rights.

Employers and Recruiters may use CyberTalent.ai to access anonymized profiles of Candidates that match their specified criteria. Once Employers or Recruiters identify Candidates of interest, they may pay a fee to unlock the Candidates’ full profiles and contact information for further discussions.

6.1 Placement Fee Obligation By using CyberTalent.ai, Employers and Recruiters agree that if a Candidate is contacted through the platform and subsequently hired within 12 months of the initial contact, regardless of whether an offer is made through CyberTalent.ai or not, they are contractually obligated to pay the agreed-upon placement fee. This includes any direct or indirect employment or consulting relationship with the Candidate during this period. The specific terms and conditions governing placement fees, including the fee structure, payment timelines, and any related provisions, are outlined in the Placement Fee Agreement, which must be agreed upon separately. Users are required to adhere to the terms outlined in that agreement in addition to these Terms of Use.

6.2 Circumvention Penalties Employers and Recruiters are prohibited from attempting to circumvent CyberTalent.ai's platform by engaging a Candidate outside the platform without reporting the hire to CyberTalent.ai. Any attempts to circumvent the reporting and payment process will result in:

• Immediate account termination and a permanent ban for both the individual and the organization.
• A minimum penalty of 20x the agreed-upon retainer fee for the placement.
• The Employer or Recruiter will also be responsible for all legal expenses incurred by CyberTalent.ai in pursuing legal action related to the violation of these terms. Employers and Recruiters must ensure that any interactions with Candidates comply with all applicable employment laws, including equal employment opportunity and data privacy regulations. Employers and Recruiters are solely responsible for any hiring decisions or communications with Candidates.

CyberTalent.ai may integrate with third-party services, such as analytics providers or communication tools, to enhance the functionality of its platform. By using CyberTalent.ai, You acknowledge and agree that CyberTalent.ai may share certain data with these third-party providers, as described in our Privacy Policy. CyberTalent.ai is not responsible for the actions of third-party services, and use of such services is subject to their respective terms of use and privacy policies.

To the maximum extent permitted by law:

• No Warranties: CyberTalent.ai provides its services "as is" and makes no representations or warranties of any kind, express or implied, as to the operation of the website or services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Damages: CyberTalent.ai is not liable for any indirect, incidental, punitive, or consequential damages arising out of Your use or inability to use CyberTalent.ai’s website or services, even if advised of the possibility of such damages.
• Cap on Liability: CyberTalent.ai's maximum liability arising out of Your use of its services, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), shall not exceed $1.

You agree to indemnify, defend, and hold harmless CyberTalent.ai, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of or in connection with:

• Your use of CyberTalent.ai’s services.
• Any violation of these Terms.
• Any interaction between You and other Users (including Employers, Recruiters, or Candidates).

We use anonymized data to improve our platform and services. Personal data is handled in accordance with the Privacy Policy.

These Terms are governed by the laws of the United States and the State of Delaware, without respect to conflict of laws principles. Any disputes arising under these Terms shall be subject to binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association. Both parties waive the right to pursue any claims in court or before a jury, except as otherwise required by law.

All content on CyberTalent.ai is the property of CyberTalent.ai or its licensors. Unauthorized use of content may result in legal action.

CyberTalent.ai reserves the right to terminate or suspend Your access to its services at any time, for any reason, including violation of these Terms. Upon termination, You will no longer have access to Your account, and any data associated with Your account may be deleted or anonymized.

You agree not to resell or assign your rights under these Terms.

You agree to indemnify, defend, and hold harmless CyberTalent.ai, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of or in connection with:

• Your use of CyberTalent.ai’s services.
• Any violation of these Terms.
• Any interaction between You and other Users (including Employers, Recruiters, or Candidates).

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

No Waiver: CyberTalent.ai’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Entire Agreement: These Terms, along with any other agreements explicitly referenced, represent the entire agreement between You and CyberTalent.ai regarding the use of CyberTalent.ai’s services.

Recruiters are responsible for ensuring that their use of CyberTalent.ai’s services complies with all applicable laws and regulations related to employment practices. Additionally:

• Recruiters may not share any unlocked Candidate profiles or contact information with third parties without the express consent of the Candidate.
• Recruiters are responsible for maintaining confidentiality regarding Candidate information obtained through CyberTalent.ai.
• Recruiters must follow all applicable privacy and data protection laws when using CyberTalent.ai’s services.

CyberTalent.ai reserves the right to limit or terminate Recruiter access if there is any breach of these obligations.

We reserve the right to update these Terms. Users will be notified of any significant changes, which will be posted on our website.