Terms of Service

1. Agreement and acceptance

These Terms of Service (the "Terms") form a binding agreement between Twenty One Talents, doing business as Twenty One Nexus ("Provider," "we," "us") and the business or organization accepting these Terms ("Customer," "you").

By signing an Order Form, creating an account, clicking an acceptance box, or using the Services, Customer confirms that it is acting for business purposes, has authority to bind the relevant organization, and accepts these Terms, the applicable Order Form, the Data Processing Addendum, and policies incorporated by reference.

If an Order Form conflicts with these Terms, the Order Form controls for that transaction. Negotiated amendments must be in writing and signed by authorized representatives.

2. Services

"Services" means the hosted recruiting, candidate relationship management, workflow, sourcing, messaging, analytics, integration, and AI-assisted functionality identified in the applicable Order Form, together with related documentation.

Provider may improve or modify the Services, provided that it does not materially reduce the core functionality purchased during a current paid subscription. Beta or preview features may be changed or discontinued at any time and are provided "as is."

3. Accounts and authorized users

Customer is responsible for its Authorized Users, account credentials, role permissions, and all activity conducted through its accounts. Customer must promptly notify Provider of suspected unauthorized access.

Accounts may not be shared outside Customer's organization or permitted contractors. Customer must use commercially reasonable access controls and remove access when personnel no longer require it.

4. Customer responsibilities

Customer is solely responsible for its recruitment practices, job criteria, communications, legal notices, employment decisions, and compliance with employment, anti-discrimination, accessibility, privacy, marketing, and sector-specific laws.

Customer must ensure that it has a lawful basis and all necessary notices, permissions, and rights to upload, collect, enrich, contact, analyze, and otherwise process Candidate Data and Customer Data.

Customer will not use an AI output, score, ranking, recommendation, or automated workflow as the sole basis for a hiring, rejection, promotion, compensation, or other consequential employment decision where prohibited or without appropriate human review.

Customer must not upload, submit or process special categories of personal data (GDPR Article 9, including health, racial or ethnic origin, political opinions, religious beliefs, trade-union membership, genetic, biometric, or data concerning sex life or sexual orientation), data relating to criminal convictions, payment card data (PCI), or other highly sensitive data, except where the Customer has a valid legal basis and has agreed to this in writing with Provider beforehand. Customer is responsible for excluding such data from resumes and other materials where it is not strictly necessary and lawful.

5. AI-assisted functionality

AI features may summarize, draft, search, rank, match, recommend, or automate actions. Outputs may be incomplete, inaccurate, biased, or unsuitable for a particular purpose. Customer must independently review outputs before relying on them.

Provider does not warrant that AI outputs are error-free, bias-free, legally compliant for every jurisdiction, or a substitute for professional judgment. Customer determines whether a feature constitutes an automated employment decision tool or other regulated system in its use case and location.

Provider may apply technical safeguards, usage restrictions, notices, audit logging, and feature limitations to support responsible use.

6. Fees, billing, taxes and credits

Fees, billing frequency, usage limits, credits, implementation fees, and renewal terms are stated in the Order Form or pricing page presented at purchase. Except as expressly stated, fees are non-cancelable and non-refundable for the committed subscription term.

Usage credits may expire or reset as described in the applicable plan. Core ATS actions identified as non-credit-consuming will not consume variable-capacity credits unless the plan is changed with advance notice.

Fees exclude taxes. Customer is responsible for sales, use, value-added, withholding, and similar taxes, excluding taxes on Provider's net income. Provider may collect taxes where legally required.

7. Subscription term, renewal and cancellation

The initial term is stated in the Order Form. Unless the Order Form states otherwise, subscriptions automatically renew for successive periods equal to the initial term unless either party gives written notice of non-renewal at least thirty (30) days before renewal.

Customer may disable renewal through the billing interface where available or by contacting [email protected]. Cancellation stops future renewal but does not retroactively cancel the current committed term.

Provider may suspend access for overdue undisputed fees after reasonable notice and an opportunity to cure.

8. Customer Data and license

Customer retains ownership of Customer Data. Customer grants Provider a limited, worldwide, non-exclusive license to host, copy, transmit, display, analyze, and otherwise process Customer Data solely to provide, secure, support, and improve the Services and as otherwise instructed by Customer.

Provider may create and use aggregated or de-identified information that cannot reasonably identify Customer, an Authorized User, or a candidate, for analytics, security, benchmarking, and service improvement, subject to applicable law and the DPA.

9. Confidentiality

Each party will protect the other party's non-public business, technical, security, pricing, product, and personal information using at least reasonable care, use it only for the agreement, and disclose it only to personnel and contractors with a need to know and confidentiality duties.

Confidentiality obligations do not apply to information independently developed, lawfully known without restriction, publicly available without breach, or lawfully received from a third party. Legally compelled disclosures must, where permitted, be preceded by notice.

10. Intellectual property

Provider and its licensors own the Services, software, documentation, models, workflows, user interface, trademarks, and all related intellectual property. No rights are granted except the limited right to use the Services during the subscription term.

Customer may provide feedback. Provider may use feedback without restriction or obligation, provided it does not publicly identify Customer without permission.

Intellectual-property complaints. If you believe content available through the Services infringes your intellectual-property rights, send a written notice to [email protected] including: your contact details; identification of the protected work; the location of the allegedly infringing content; a statement of your good-faith belief that the use is not authorized; and a statement that the information is accurate and that you are the rights holder or authorized to act on their behalf. Provider may remove allegedly infringing content and may terminate accounts of repeat infringers.

11. Restrictions and acceptable use

Customer will not reverse engineer, copy, resell, sublicense, benchmark for competitive publication, circumvent limits, introduce malicious code, interfere with security, unlawfully scrape third-party services, send unlawful communications, or use the Services to discriminate or violate rights.

Anti-imitation. Customer (and anyone acting on its behalf or through it) will not, directly or indirectly: (a) copy, reproduce or imitate the design, structure, user interface, "look and feel", workflows, screen sequences, wording, or distinctive visual or functional elements of the Services; (b) use the Services, the documentation, or any access granted, to design, build, train, or assist a competing or substantially similar product or service; (c) replicate the Services' features by observation, mock-up, screenshot, or "clean-room" derivation based on access obtained as a Customer; or (d) circumvent these restrictions through a third party, contractor, affiliate, or test/free account. All goodwill in Provider's trademarks, brand and trade dress remains with Provider. These restrictions are in addition to, and do not limit, Provider's rights under copyright, trademark, unfair-competition, trade-secret and other applicable law.

The Acceptable Use Policy is incorporated into these Terms.

12. Third-party services

The Services may interoperate with third-party platforms, job boards, enrichment providers, messaging services, AI model providers, and customer-selected integrations. Third-party services are governed by their own terms, and Provider is not responsible for third-party availability, data, or conduct.

Customer authorizes Provider to exchange Customer Data with enabled integrations as necessary to provide the requested functionality.

13. Security and privacy

Provider will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services. The Security Overview describes current controls and is not a guarantee against all incidents.

Processing of personal data on Customer's behalf is governed by the DPA. Each party will comply with applicable privacy and data-protection laws in its respective role.

14. Warranties and disclaimers

Provider warrants that the paid Services will materially conform to the documentation under normal authorized use. Customer's exclusive remedy for a verified material breach is correction, re-performance, or, if Provider cannot cure within a reasonable period, termination of the affected Service and a prorated refund of prepaid unused fees for that Service.

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SERVICES, AI OUTPUTS, BETA FEATURES, DATA ENRICHMENT, THIRD-PARTY CONTENT, AND RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION.

PROVIDER DOES NOT GUARANTEE CANDIDATE AVAILABILITY, RESPONSE RATES, HIRING OUTCOMES, DELIVERABILITY, LEGAL COMPLIANCE OF CUSTOMER CAMPAIGNS, OR THAT ANY SCORE OR RECOMMENDATION WILL IDENTIFY THE BEST CANDIDATE.

15. Indemnification

Customer will defend and indemnify Provider against third-party claims arising from Customer Data, Customer's recruitment or employment decisions, unlawful outreach, violation of third-party platform terms, discriminatory or unlawful use, or breach of Sections 4 or 11.

Provider will defend Customer against a third-party claim that the unmodified paid Services infringe a patent, copyright, or trademark, and will pay finally awarded damages or approved settlements, subject to exclusions for Customer Data, combinations, modifications, continued use after notice, or use outside the documentation.

The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation, and allow control of the defense, except that no settlement may admit fault or impose non-monetary obligations without consent.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT.

"Excluded Claims" means payment obligations, infringement or misuse of intellectual property, breach of confidentiality, indemnification obligations, fraud, willful misconduct, and liabilities that cannot legally be limited.

17. Suspension and termination

Provider may suspend access where reasonably necessary to prevent security harm, unlawful activity, material breach, risk to third parties, or nonpayment. Provider will use reasonable efforts to provide notice where lawful and practicable.

Either party may terminate for an uncured material breach after thirty (30) days' written notice, or immediately for insolvency where permitted. Upon termination, Customer access ends and outstanding fees become due.

Customer may export Customer Data during the term and for thirty (30) days after termination, unless legally prohibited or the account was terminated for unlawful conduct. Provider may then delete data according to the DPA and retention schedule.

18. Publicity

Provider may not use Customer's name or logo in public marketing without Customer's written permission, except where the Order Form expressly grants such permission.

19. Governing law and disputes

These Terms are governed by French law, excluding its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the competent courts of France.

Before formal proceedings, each party will attempt in good faith for thirty (30) days to resolve the dispute through executive-level discussions, except for urgent injunctive relief or collection of undisputed amounts.

20. General

Neither party may assign the agreement without consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the assignee assumes the obligations. Customer may not assign to a direct competitor of Provider without consent.

Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. Notices must be sent to the addresses in the Order Form and are effective upon confirmed delivery.

The agreement is the entire agreement regarding the Services and supersedes prior proposals. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. Failure to enforce is not a waiver.

Surviving provisions include payment, confidentiality, intellectual property, disclaimers, indemnity, limitations, dispute terms, and any provisions that by nature should survive.

Beta and early-access features. Provider may offer features labeled beta, preview, early-access or experimental. These are provided "as is", may be incomplete, may change or be withdrawn at any time, and may be excluded from any availability or support commitments. Customer uses them at its own discretion.

Payment processing. Card payments are handled by our third-party payment processor (e.g. Stripe). Card details are provided to and stored by the processor under its own terms; Provider does not store full card data and is not responsible for the processor's services. Customer's use of the processor is subject to the processor's agreement.

Electronic communications, location and language. Customer consents to receive notices and communications electronically, which satisfy any legal requirement that they be in writing. The Services are operated from France. These Terms and related documents are drawn up in English, which prevails over any translation.

21. Contact

Provider: Twenty One Talents; Address: 8 rue Adrien Cramail, 92500 Rueil-Malmaison, France; Legal contact: [email protected].