Terms of Use

1. Binding Agreement

1.1 Talynce Pte. Ltd. (Singapore UEN 201837827Z) ("Talynce", "we", "us", and "our") provides a platform that facilitates interactions between potential employers and job candidates. The terms of this Agreement are between you and Talynce, and your access and use of the Platform constitutes your consent to this Agreement and its terms.

1.2 We may update the terms of this Agreement from time to time. We will notify you of such changes either via the email address provided by you on registration or through an announcement on the Platform. The changes will apply to the access and use of the Platform upon such notice. Your continued access and use of the Platform after such notice indicates your agreement to be bound by the new terms.

2. Definitions

In this Agreement, the following definitions apply:

• Candidate: A user who creates a Candidate Profile to access and use the Platform for searching employment opportunities or participating in an application for employment with an Employer.
• Candidate Data: For a Candidate, any recording of participation in activities on the Platform as part of the application process, the results generated from Talynce's analysis of such recording, and the Candidate Profile itself.
• Candidate Profile: A profile created by a Candidate that may include personal details, resume, photo, video, skills, and professional interests.
• Employer: A user who accesses or uses the Platform for purposes related to seeking, screening, or assessing candidates for employment.
• Intellectual Property Rights: All patents, trade names, trademarks, service marks, logos, design rights, copyrights, trade secrets, database rights, rights in technology, know-how, or other intellectual property rights (registered or unregistered) protected under applicable law.
• Personal Data: Data about an individual that can be identified from that data or from the data and other information to which we have or are likely to have access.
• Platform: The Talynce platform and any service or feature provided thereon by Talynce or its affiliates or agents, whether directly or indirectly, including through API integrations and/or hyperlinks.
• SIAC: As defined in Clause 18.1 below.
• SIMC: As defined in Clause 18.5 below.
• Subscription: A pricing plan selected by an Employer, including any success fee contingent upon the hiring of a Candidate, or any quotations agreed to by the Employer for access to and use of the Platform to search for, screen, assess, and shortlist Candidates.
• User Content: All information (data, text, videos, photographs, graphics, messages, etc.) submitted, posted, or otherwise provided by users on or through the Platform, including job postings and Candidate Profiles.

3. Registration

3.1 You must be at least 18 years of age to register an account on the Platform.

3.2 Upon registration, you will be asked to create a Candidate Profile. You must ensure that all details provided are accurate, up-to-date, and complete.

3.3 We reserve the right to delete your account and all associated information after a period of inactivity, after providing you with notice.

3.4 You may cancel your registration with the Platform at any time by informing us in writing. Upon cancellation, you agree to cease accessing and using the Platform.

4. Password and Security

4.1 You agree to keep your login details confidential and not disclose them to any third party.

4.2 You are strictly liable for all uses of your account and password, whether or not authorized by you.

4.3 You shall notify us immediately if you know or suspect that your account has been compromised.

4.4 If we suspect a breach or misuse of your account, we may require you to reset your password or suspend your account.

4.5 In the event of loss of your login details or misuse of the Platform using your account, you shall:
(a) bear all losses or damages incurred; and
(b) fully indemnify Talynce should Talynce suffer any loss or damage.

5. Use of Platform

5.1 Talynce grants you a limited, terminable, non-exclusive right to access and use the Platform for your internal business use:

• To post job listings;
• To search for, screen, interview, assess, and evaluate Candidates; and
• To access Candidate Data for the purposes specified above.

5.2 Your right to access and use the Platform is personal, non-transferable, and non-assignable. If you are a corporate entity and an employee or agent accesses the Platform on your behalf, you must ensure compliance with these terms.

5.3 You may not use the Platform:

• For any unlawful or fraudulent purpose;
• To disseminate or publish any false, inaccurate, or misleading content;
• To copy, reproduce, duplicate, sell, resell, or otherwise exploit any content on the Platform;
• To modify, adapt, reverse engineer, decompile, or disassemble any part of the Platform without our prior consent;
• To interfere with other users' access or use of the Platform;
• To access information not intended for you;
• To disrupt the operation of the Platform or its servers;
• To systematically download or store content from the Platform;
• To sell, promote, or advertise products or services;
• To promote any employment opportunity that is not bona fide;
• To advertise sexual services or recruit for such jobs; and
• In any manner that breaches these terms.

5.4 You may appoint Talynce to manage your account on your behalf. By doing so, you grant Talynce the right and authority to access, use, or disclose any information in your account for the purposes of providing services under this Agreement.

5.5 We reserve the right to waive any conditions in Clause 5.3 either generally or in specific cases.

5.6 We may remove, edit, suspend, block, or monitor user accounts that we determine, in our sole discretion, are in breach of these terms or applicable law.

6. Candidate Data

6.1 As part of the application process for employment, you may ask Candidates to participate in activities (e.g., video and audio interviews, psychometric assessments, gaming tests) which Talynce will record, process, and analyze as Candidate Data. Subject to Clause 6.2, you will have access to such Candidate Data for the duration of your Subscription.

6.2 You will no longer have access to Candidate Data if:

• The Candidate Profile is deleted or removed;
• The Candidate's account is deleted or removed; or
• The Candidate withdraws from the application process.

6.3 We do not guarantee the accuracy or reliability of Candidate Data. Any reliance on such data is at your own risk.

7. Availability of Services

7.1 We will use reasonable efforts to ensure the Platform is available at all times. However, we cannot guarantee continuous or error-free access and will endeavor to correct any issues promptly.

7.2 Access may be restricted occasionally for repairs, maintenance, or updates.

8. Intellectual Property

Subject to Clause 9 (User Content), all Intellectual Property Rights in the Platform—including text, images, videos, graphics, user interfaces, trademarks, logos, applications, programs, and code—are owned by Talynce. You may not reproduce, modify, distribute, or otherwise use such content for commercial purposes without our written consent, except as permitted by law.

9. User Content

9.1 We do not claim ownership of any User Content that you provide on or through the Platform. You represent and warrant that you own or are authorized to use such User Content.

9.2 We do not guarantee the accuracy, veracity, or reliability of any User Content or its derivatives. Reliance on User Content is solely at your own risk.

9.3 All User Content is the sole responsibility of its originator.

9.4 Any User Content you provide may not contain:

• Misleading, unreadable, or irrelevant keywords;
• Names, logos, or trademarks of unaffiliated parties without consent;
• False, misleading, or inaccurate information.

9.5 By submitting User Content, you grant Talynce a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish it in our sole discretion.

9.6 We may review and remove any User Content that we determine, at our sole discretion, violates these terms or applicable law.

10. Payment

10.1 You will be invoiced according to your Subscription.

10.2 All amounts must be paid within the specified payment terms. Payments are exclusive of all applicable taxes, which you must pay.

10.3 We reserve the right to suspend your account and job listings for late payments.

11. Personal Data

11.1 We may collect Personal Data:

• When you provide it to us;
• Automatically as you use the Platform; and
• From third parties, provided we have verified that such disclosure is permitted under applicable law.

11.1.2 The Personal Data we may collect includes, but is not limited to: name, gender, date of birth, nationality, contact details, resume information, employment history, photographs, videos, usage data, and interview recordings.

11.1.3 In certain cases, you may provide us with Personal Data without our prior collection of consent. In such cases, you represent that you have obtained the necessary consent or are otherwise legally permitted to disclose such data.

11.2 We use Personal Data to operate, maintain, enhance, and monitor the Platform; verify your identity; facilitate job applications; personalize your experience; respond to inquiries; and comply with legal obligations.

11.3 You have the right to withdraw consent, request access to, correct, or delete your Personal Data. Please refer to our Data Protection details below for more information.

11.4 We retain Personal Data only as long as necessary to fulfill the purposes for which it was collected or as required by law.

11.5 We take appropriate measures to safeguard your Personal Data. However, no method of transmission over the Internet is completely secure.

11.6 If necessary, we may transfer your Personal Data outside Singapore. In such cases, we ensure that your data continues to receive a comparable standard of protection.

11.7 If you have any queries regarding your Personal Data, please contact our Data Protection team at tech@talynce.com.

12. Third Party Websites

12.1 The Platform may contain links to external sites. We are not responsible for the content or privacy practices of these sites.

12.2 If you create a link to the Platform, it must not be misleading or imply any endorsement by Talynce. You must remove the link upon our request.

13. Term and Termination

13.1 These terms remain in full force as long as you access or use the Platform.

13.2 We reserve the right, at our sole discretion, to take legal action—including removing your content and terminating your access—if you breach these terms.

13.3 Clauses regarding Intellectual Property, Termination, Limitation of Liability, Disclaimers, and Indemnity shall remain effective even after your use of the Platform has ended.

14. Limitation of Liability

14.1 The Platform is provided "as is" without any warranties as to quality, completeness, or accuracy.

14.2 To the maximum extent permitted by law, we exclude any implied warranties and all liability to you in connection with your use of the Platform.

14.3 We shall not be liable for any indirect, incidental, or consequential damages, including loss of employment opportunity.

14.4 Our aggregate liability for claims arising from your use of the Platform shall be limited to S$[100], to the extent permitted by law.

15. Disclaimer

15.1 You acknowledge that Talynce is solely a platform provider and does not participate in the interview, selection, or hiring of Candidates. Such responsibilities lie solely with the Employer.

15.2 We are not liable for any loss or damage resulting from any interruption or termination of the Platform, or for the accuracy or quality of content transmitted through it.

15.3 We are not liable for any risks associated with interactions with other users on the Platform.

15.4 Nothing on the Platform constitutes an endorsement of any user or third party.

16. Indemnity

16.1 You agree to defend, indemnify, and hold harmless Talynce, its affiliates, and their directors, officers, employees, and agents from any claims or damages arising out of:

• Your content provided on or through the Platform;
• Any Personal Data provided in breach of applicable laws;
• Your use of the Platform or Candidate Data;
• Any act, omission, or negligence causing Talynce to breach any law;
• Any breach of these terms by you or your affiliates, employees, or agents.

16.2 We will notify you of any such claim as soon as reasonably possible.

17. Applicable Law

These terms and any non-contractual obligations arising from them shall be governed by and construed in accordance with the laws of Singapore.

18. Dispute Resolution

18.1 Any dispute arising out of or in connection with these terms shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with its current rules, which are incorporated herein by reference.

18.2 The seat of arbitration shall be Singapore.

18.3 The Tribunal shall consist of one (1) arbitrator appointed by the current chairman of SIAC.

18.4 The language of the arbitration shall be English.

18.5 Following the commencement of arbitration, you agree to attempt to resolve the dispute in good faith through mediation at the Singapore International Mediation Centre ("SIMC") in accordance with the SIAC-SIMC Arb-Med-Arb Protocol. Any settlement reached will be referred to the arbitrator and may be made a consent award.

19. Miscellaneous

19.1 You may not assign or transfer any of your rights under these terms. Talynce may assign or transfer its rights at its sole discretion, provided your rights remain unaffected.

19.2 No term of these terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore).

19.3 If we choose not to enforce any rights against you, we remain entitled to enforce those rights later or in any other situation where you breach these terms.

19.4 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19.5 If you have any questions regarding these Terms of Use, please contact us at hello@talynce.com.

Latest update: Jan 10, 2025