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Terms of Service

ClickTalent
San Francisco, CA
Contact: info@clicktalent.com
Governing Law: State of California
Effective Date: April 23, 2026 Last Updated: April 23, 2026

Legal review note: This document is a business/legal template prepared for ClickTalent. It should be reviewed by qualified counsel before publication or reliance.

These Terms of Service ("Terms") govern your access to and use of ClickTalent's website, marketplace platform, applications, payment workflows, AI tools, and related services (collectively, the "Services"). By accessing or using ClickTalent, you agree to these Terms. If you do not agree, do not use the Services.

1. About ClickTalent

ClickTalent provides a marketplace platform based in San Francisco, California that connects employers and companies with marketing professionals. The Services may include account creation, employer workspaces, talent profiles, job posts, AI-assisted job creation and editing, matching, applications, shortlisting, messaging, agreements, invoices, payment workflows, and related tools.

ClickTalent is a platform provider. Unless separately agreed in writing, ClickTalent is not a party to any employment, contractor, consulting, agency, or services relationship between employers and talent.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use ClickTalent. If you use ClickTalent on behalf of a company or organization, you represent that you have authority to bind that organization to these Terms.

3. Accounts

To use certain features, you must create an account. You agree to provide accurate and complete information, keep your account information updated, maintain the confidentiality of your login credentials, notify us promptly of unauthorized access or suspected security issues, and be responsible for activity under your account.

We may suspend or terminate accounts that violate these Terms or create risk for ClickTalent, users, Stripe, payment partners, or third parties.

4. User Roles

ClickTalent supports different user roles, including employers, talent, and admins.

Employers may create company workspaces, post jobs, review applications, shortlist talent, message talent, create agreements or invoices, make payments through the platform, and manage hiring workflows.

Talent users may create profiles, manage profile visibility, browse active jobs, apply to roles, communicate with employers, manage applications, enter into engagements, submit invoices or payment requests where available, and receive payouts through the platform.

Admins may have elevated permissions to operate, moderate, support, secure, or manage the platform.

5. Marketplace Relationship

ClickTalent helps users discover, connect, and manage hiring-related workflows. We do not guarantee that an employer will hire any talent, that talent will receive any job, interview, engagement, or payment, that a match will result in a successful engagement, the quality or suitability of any user, or the accuracy of any job post, profile, application, message, rate, credential, invoice, or agreement.

Users are responsible for evaluating each other and deciding whether to enter into any engagement.

6. Independent Contractor and Employment Status

ClickTalent does not determine whether talent is an employee, independent contractor, consultant, agency, or other worker classification. Employers and talent are responsible for determining and complying with all applicable employment, labor, tax, immigration, benefits, insurance, wage, worker classification, and workplace laws.

Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, or fiduciary relationship between ClickTalent and any user.

7. Job Posts, Profiles, and User Content

"User Content" means content submitted, uploaded, posted, transmitted, generated, or stored by users through the Services, including job posts, company profiles, talent profiles, resumes, portfolio links, applications, messages, agreements, invoices, payment-related records, and AI-assisted drafts.

You retain ownership of your User Content. You grant ClickTalent a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display, transmit, modify, analyze, and use User Content as needed to provide, secure, operate, improve, and promote the Services.

You represent that you have all rights necessary to submit your User Content and that your User Content does not violate law, third-party rights, or these Terms.

8. Talent Profile Visibility

Talent users may choose whether their profile visibility is turned on or off.

If profile visibility is turned on, the talent profile may appear in employer-facing search, discovery, recommendations, AI matching, shortlists, or related marketplace features.

If profile visibility is turned off, the talent profile will not intentionally appear in employer-facing discovery or matching results. However, turning profile visibility off does not delete the account or remove information from prior applications, messages, agreements, invoices, contracts, payment records, support records, audit logs, or legally required records.

ClickTalent may continue to process hidden profile information as needed to operate the Services, maintain account security, comply with law, resolve disputes, prevent fraud, enforce these Terms, and support existing or prior engagements.

9. Acceptable Use

You agree not to:

  • Use the Services for unlawful, deceptive, abusive, discriminatory, infringing, harmful, or fraudulent purposes.
  • Post false, misleading, fraudulent, or infringing content.
  • Misrepresent your identity, credentials, company, experience, rates, or availability.
  • Harass, threaten, or abuse other users.
  • Discriminate unlawfully in hiring, applications, messages, or engagements.
  • Scrape, crawl, harvest, or export data without permission.
  • Interfere with platform security or functionality.
  • Attempt unauthorized access to accounts, systems, or data.
  • Upload malware or malicious code.
  • Send spam or unsolicited messages.
  • Circumvent fees, payment workflows, platform rules, restrictions, or security controls.
  • Reverse engineer, copy, or misuse ClickTalent software, workflows, AI outputs, designs, data, or systems except as permitted by law.

10. Payments, Contracts, Stripe, and Platform Transactions

All payments related to contracts facilitated by ClickTalent must be processed through the ClickTalent platform using Stripe, unless ClickTalent expressly agrees otherwise in writing.

By using ClickTalent for payments, you agree that payment processing is provided by Stripe and may be subject to Stripe's applicable terms, policies, identity verification, risk review, and compliance requirements. Talent users may be required to create or connect a Stripe account, provide payout information, complete identity verification, and accept Stripe's applicable connected-account terms.

Employers are responsible for paying all amounts owed under contracts, agreements, invoices, or engagements facilitated through ClickTalent. Talent users are responsible for providing accurate payout and tax-related information.

ClickTalent may facilitate payment collection, payout routing, refunds, chargebacks, disputes, platform fees, taxes, and related transaction records through Stripe. ClickTalent may withhold, delay, reverse, or cancel payments where required by law, Stripe, risk controls, dispute resolution, fraud prevention, sanctions compliance, chargeback handling, or these Terms.

Stripe may independently restrict, suspend, or terminate payment access based on its own terms, compliance obligations, risk review, or legal requirements. ClickTalent is not responsible for Stripe's independent decisions or service availability.

11. Platform Fees

ClickTalent may charge platform fees, service fees, payment processing fees, subscription fees, commissions, or other fees for certain Services. Any applicable fees, billing terms, subscriptions, commissions, or payment terms may be disclosed through the platform, in an order flow, in an agreement, in an invoice, or in separate written terms.

We may change fees or introduce new paid features with notice where required by law. Users are responsible for reviewing applicable fees before entering into an engagement or making or receiving a payment.

12. No Payment Circumvention

Users may not use ClickTalent to discover, contact, negotiate with, or engage another user and then complete the related contract, engagement, payment, renewal, extension, or substantially similar work outside the ClickTalent platform in order to avoid ClickTalent fees, payment processing, platform protections, or marketplace rules.

This restriction applies to engagements, renewals, extensions, follow-on work, or substantially similar work arising from a relationship introduced, arranged, or facilitated through ClickTalent.

ClickTalent may suspend or terminate accounts, restrict platform access, seek applicable fees, or pursue other remedies if users attempt to circumvent the platform.

13. Taxes

Users are responsible for determining, reporting, collecting, withholding, and paying all taxes associated with their use of ClickTalent, payments, payouts, engagements, services, or transactions. ClickTalent is not responsible for tax advice or tax filings for users.

14. Agreements and Invoices

ClickTalent may provide tools for agreements, invoices, engagement tracking, and related workflows. These tools are provided for convenience and do not replace professional legal, tax, accounting, employment, or financial advice.

Users are responsible for reviewing agreements and invoices before sending, signing, accepting, paying, or relying on them. ClickTalent does not guarantee the enforceability, completeness, accuracy, or suitability of any agreement, invoice, scope of work, or payment term generated or stored through the platform.

15. AI Features

ClickTalent may provide AI-assisted features, including job post creation, job editing, structured field extraction, clarifying questions, job matching, talent matching, profile analysis, ranking, recommendations, and suggested content.

AI features may generate incomplete, inaccurate, biased, outdated, or unsuitable outputs. You are responsible for reviewing, editing, verifying, and approving AI-generated content before using, publishing, sending, paying, hiring, or relying on it.

You agree not to use AI features to generate unlawful, discriminatory, deceptive, infringing, or harmful content; make hiring decisions without appropriate human review; submit confidential or sensitive information you are not authorized to share; or violate employment, anti-discrimination, privacy, intellectual property, payment, or other applicable laws.

ClickTalent may process job posts, profiles, applications, messages, and related marketplace data to provide and improve AI-assisted functionality, subject to our Privacy Policy.

16. Matching and Recommendations

ClickTalent may provide match scores, recommendations, rankings, shortlists, suggested candidates, suggested jobs, profile insights, or other marketplace signals.

These are informational tools only. They do not guarantee fit, performance, availability, eligibility, hiring outcomes, payment outcomes, or engagement success. Employers remain responsible for lawful hiring practices, candidate evaluation, interviews, reference checks, work authorization checks, and final hiring decisions. Talent users remain responsible for reviewing job posts, company information, engagement terms, payment terms, and platform status before applying or accepting work.

17. User Communications

ClickTalent may allow users to communicate through platform chat, email notifications, or related tools. You are responsible for your communications.

ClickTalent may monitor, access, preserve, or disclose communications where necessary to operate the platform, enforce these Terms, provide support, investigate abuse, process payments, resolve disputes, comply with law, or protect users.

18. Confidentiality

Users may exchange confidential business information through ClickTalent. Unless a separate written agreement applies between users, ClickTalent is not responsible for enforcing confidentiality obligations between employers and talent.

Do not share confidential information unless you are authorized to do so and comfortable with the recipient receiving it.

19. Intellectual Property

ClickTalent and its licensors own all rights, title, and interest in the Services, including software, design, branding, logos, text, graphics, workflows, databases, AI systems, ranking systems, and other platform materials.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from ClickTalent materials except as expressly permitted by these Terms or applicable law.

20. Third-Party Services

ClickTalent may integrate with or link to third-party services, including Stripe, Google OAuth, email providers, AI providers, hosting providers, analytics tools, portfolio links, payment tools, and other services.

We are not responsible for third-party services, content, policies, availability, security, or actions. Your use of third-party services may be governed by their own terms and privacy policies.

21. Privacy

Your use of ClickTalent is subject to our Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information.

22. Suspension and Termination

We may suspend or terminate your access to ClickTalent at any time if you violate these Terms, your account creates risk or legal exposure, we suspect fraud, abuse, unlawful conduct, payment circumvention, or security issues, Stripe or a payment partner restricts payment functionality, we are required to do so by law, or we discontinue or materially change the Services.

You may stop using ClickTalent at any time. Certain provisions of these Terms will survive termination, including intellectual property, disclaimers, limitations of liability, indemnity, payment obligations, taxes, dispute resolution, and any other provisions that by their nature should survive.

23. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, ClickTalent disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and security.

ClickTalent does not warrant that the Services will be uninterrupted, secure, or error-free; matches or recommendations will be accurate or successful; users will be truthful, qualified, available, or reliable; AI outputs will be accurate, complete, lawful, or unbiased; payment processing will be uninterrupted or available; or any job, application, engagement, agreement, invoice, payment, or payout will result in a desired outcome.

24. Limitation of Liability

To the fullest extent permitted by law, ClickTalent and its officers, directors, employees, contractors, agents, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, business interruption, hiring outcomes, work quality, payment disputes, chargebacks, or lost opportunities.

To the fullest extent permitted by law, ClickTalent's total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of the amount you paid to ClickTalent for the Services giving rise to the claim in the three months before the claim arose or USD $100.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

25. Indemnification

You agree to indemnify and hold harmless ClickTalent and its officers, directors, employees, contractors, agents, affiliates, and licensors from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your User Content, your violation of these Terms, your violation of law or third-party rights, your hiring, employment, contractor, payment, tax, or engagement relationships, your use of Stripe or payment workflows, or disputes between you and another user.

26. Disputes Between Users

ClickTalent is not responsible for disputes between employers and talent, including disputes about hiring decisions, work quality, scope, deadlines, payment, refunds, chargebacks, classification, confidentiality, taxes, discrimination, termination, or intellectual property.

We may, but are not required to, assist with platform-related support, payment status review, or moderation.

27. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to conflict of law principles.

28. Venue

Subject to any arbitration clause or other dispute resolution provision included in these Terms, you and ClickTalent agree that any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in San Francisco County, California. You and ClickTalent consent to personal jurisdiction and venue in those courts.

29. Informal Resolution

Before filing a legal claim, you agree to contact us at info@clicktalent.com and attempt to resolve the dispute informally. This informal resolution requirement does not prevent either party from seeking emergency equitable relief where appropriate.

30. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you by posting the updated Terms, changing the effective date, sending notice, or providing additional notice where required by law.

Your continued use of ClickTalent after updated Terms become effective means you accept the updated Terms.

31. Contact

Questions about these Terms may be sent to:

ClickTalent
San Francisco, CA
Email: info@clicktalent.com