Terms & Conditions

I. BASIC PROVISIONS

What is Talentiqa. Talentiqa is a software application designated for the automation of online interviews (chat interviews), specifically for the pre-screening of job applicants (the “Application” or “Talentiqa”).
Provider. Talentiqa application is operated by mind the gap s.r.o., ID No.: 09821074, registered office: Na Beránce 57/2, Dejvice, 160 00 Prague 6, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 343024 (the “Provider” or “we”).
Client. The Client is a legal entity or a natural person acting as a sole entrepreneur that uses Talentiqa's services on the basis of an order or contract concluded with the Provider (the “Client” or “you”).
Terms and Conditions. The relationship between the Provider and the Client shall be governed by these Terms and Conditions (the “T&Cs”). The terms of any executed contract or order (the “Contract”) shall take precedence over these T&Cs.
Accessibility. Talentiqa is accessible via a web browser at http://portal-app.talentiqa.ai/. The Service is compatible with standard browsers (Google Chrome, Firefox, Opera, etc.). Use of the Talentiqa Application requires an internet connection.
Nature of Services. The Services provided by the Provider through the Talentiqa Application shall not constitute employment mediation within the meaning of the Czech Employment Act.

II. DEFINITIONS

Capitalized terms shall have the following meanings:

“Service or Services” shall mean the services provided by the Provider within the Talentiqa Application, including access to a tool for content creation and generation, conducting online interviews, automated data evaluation, and any other Services provided to the Client within the Talentiqa Application.

“Add-ons” shall mean premium features of Talentiqa provided in addition to the standard Talentiqa features, if and when agreed upon in the Contract.

“Contract” shall mean the Contract for the Provision of Services, pursuant to which the Provider shall provide the Client with the Services in accordance with the executed order or contract and these T&Cs.

III. PROVISION OF SERVICES

Provision of Services. The Provider undertakes to provide the Client with the Services through the Talentiqa Application in the scope specified in the Contract. The Client shall only be entitled to use the Services and the Application for the intended purpose and strictly in accordance with the Contract and these T&Cs.
Access to Services. Services are accessible via user accounts established by the Provider for specific end users designated by the Client, and, where applicable, via API if the integration of Talentiqa with the Client’s IT systems has been agreed upon. The number of users or interviews may be limited as specified in the Contract.
Add-ons. The Provider shall make accessible to the Client such Add-ons in Talentiqa as specified in the Contract.
Service Activation. The Provider shall activate the Services as of the start date of the Service. If the start date is not specified in the Contract, the Provider shall activate the Services within 1 month of payment of the set-up fee. Activation of Services is conditional upon Client users’ successful completion of training for Talentiqa. Should the Client fail to cooperate in providing user training, the Provider shall be entitled to delay Service activation until the users have been trained; provided, however, that this shall not affect the Client's obligation to remit the price for the Services from the original start date of the Services.
Exceeding the Number of Interviews. Should the Client exceed the number of interviews agreed upon in the Contract, the Provider shall have the right to request an increase in the price. The Provider is entitled to suspend the provision of Services until the parties reach an agreement regarding the increased price for the period following the exceeding of the agreed number of interviews.
Updates. The Provider shall provide only the necessary updates to the Talentiqa Application to ensure the Client is able to utilize the digital content throughout the term of the Contract.
Maintenance. The Provider may perform maintenance of Talentiqa. Talentiqa may be unavailable during maintenance. The Client shall have no claim for compensation or defective performance arising from the unavailability of Talentiqa during such maintenance.
Changes to Talentiqa. The Provider reserves the right to modify the appearance and functionality of the Talentiqa Application, with or without prior notice and for any reason, without the Client having any claim for compensation or other performance. Reasons for changes may include, but are not limited to, changes to services (improvements, extensions, removals, restrictions), changes to user design, compliance with legal requirements, algorithm adjustments, changes to integrated or third-party services and tools available in Talentiqa, or changes to the scope and method of connection via API, etc. If the Provider removes a feature that has a significant impact on the Services without providing compensation, the Client shall have the right to request its reinstatement. If the Provider fails to comply with such request within 1 month, the Client shall have the right to terminate the Contract with a notice period of 1 month. The notice of termination must be delivered to the Provider within 1 month following the expiry of the deadline for reinstating the feature.

IV. LICENSE

Nature of the License. The Provider furnishes the Talentiqa Application in the form of Software as a Service (SaaS).
Talentiqa License. The Provider hereby grants the Client a non-exclusive, non-transferable, and limited right to use the Talentiqa Application solely for the purpose of online recruitment interview automation. The license is time-limited to the term of the Contract. The license shall be limited to the number of accesses or users specified in the Contract; if no number is specified in the Contract, the license shall be granted as unlimited in terms of the number of accesses or users. The license may not be transferred or sublicensed, in whole or in part. The Client shall not be entitled to provide the Talentiqa Application for use to any third parties, except for the Client's employees and persons providing recruitment and administrative services related to recruitment to the Client. The Client shall not be entitled to modify, reproduce, or reverse engineer the Talentiqa Application in any manner. Notwithstanding the foregoing, the Client shall be entitled to use Talentiqa for recruitment purposes carried out on behalf of third parties.
Add-ons. The Talentiqa license also applies to Add-ons, whether standard or custom-made.
Third-party Applications. Talentiqa may incorporate third-party applications to provide the Services, including, but not limited to, third-party AI tools, applications for integrating Talentiqa with your systems, or other software tools. The use of such applications is governed by the terms and conditions of the respective third parties. A list of these applications is available at www.talentiqa.ai/subcontractors.
API. To integrate the Talentiqa Application with the Client's IT systems via the Talentiqa API, the Provider will provide the Client with the API source code and standard API documentation; the integration shall be the sole responsibility of the Client. The Client shall be entitled to use the Talentiqa API exclusively for its internal purposes for the integration of IT systems utilized by the Client. This right shall be non-transferable and limited; provided, however, the Client shall be entitled to use third parties to integrate Talentiqa with its IT systems.
References. Both parties may use the other party's logo in connection with their offline and online marketing and business presentations.
Prohibited Use. The Client shall not circumvent Talentiqa’s technological protection measures or other restrictions, except where such activity is expressly permitted by applicable law. Any attempt to access any part of the Talentiqa Application which use has not been authorized by the Provider is strictly prohibited.

V. TERMS OF PAYMENT

Price. In consideration for the provision of the Services, the Client shall pay the price specified in the Contract. All amounts are exclusive of VAT; VAT at the statutory rate shall be added to the price.
1. Set-up Fee. The Provider is entitled to request payment of the set-up fee in advance. In the event of late payment, the start date of the Services shall be postponed by a period equal to the delay.
2. Subscription Fee. The Client shall pay the subscription fee commencing from the start date of the Service.
3. Additional Fees. The Contract may stipulate additional one-time or recurring fees.
Inflation. The Provider shall be entitled to increase any component of the price once per calendar year by the rate of inflation, which shall be expressed as the increase in the average annual consumer price index for the preceding calendar year, as reported by the Czech Statistical Office.
Terms of Payment. The Client shall pay the price based on invoices issued by the Provider, payable within 14 days of the invoice date, unless otherwise specified in the Contract. Unless otherwise agreed, the price for the Services shall be paid in advance for the given period.
Form of Invoices. The Client agrees to receive invoices in electronic form.
Delay. In the event of a delay in payment of any financial obligation, the Client shall be obliged to pay a contractual penalty equal to 0.05% of the amount owed for each day of delay. This penalty shall not affect the Provider's right to claim damages.

VI. CONTENT

User Content. The Client shall be solely responsible for content created in or uploaded to Talentiqa, even if such content was created utilizing Talentiqa tools, including content generated using large language models whose services are embedded in Talentiqa. The Client shall be responsible for using Talentiqa in compliance with all applicable laws.
Prohibited Content. Talentiqa shall not be used to store or distribute content that:
1. Fails to comply with labour law requirements, including, but not limited to, interview questions for job applicants that are discriminatory or unrelated to the job offer (e.g., questions concerning motherhood, marital status, sexual orientation, etc.);
2. Is offensive, harassing, vulgar, incites violence, or encourages other illegal, immoral, or unethical activities;
3. Promotes sexual services, has sexual undertones, or is related to work in the field of sexual services; or
4. Is in breach of other applicable legal regulations, including European Union regulations, or infringes upon the rights of third parties.
Liability. The Client shall be liable to the Provider for any penalties or claims by third parties that may be asserted against the Provider in connection with any breach of law or this Contract by the Client.
Reporting Illegal Content. Talentiqa users may report content in Talentiqa Application that they deem illegal by sending an email to: info@talentiqa.ai. The notice must contain, at minimum, the following information:
1. A sufficiently substantiated explanation of the reasons why the notifier claims that the content in question is illegal;
2. Clear information identifying the exact electronic location of the content, such as the exact URL, and, if necessary, additional information enabling the identification of illegal content depending on its type;
3. The name and email address of the person submitting the report, unless the report concerns content that they believe to constitute a criminal offense under Articles 3 to 7 of Directive 2011/93/EU; and
4. A statement confirming that the person or entity submitting the notice believes in good faith that the information and assertions contained in the notice are accurate and complete.

If the notice contains an email address of the person reporting illegal content, the Provider will confirm receipt of the notice to that person and will also inform them of the measures taken against the illegal content.

Corrective Measures. If the Provider suspects that the user content or activity of the Client in Talentiqa is illegal or in violation of these T&Cs, the Provider shall be entitled to block the content in question or suspend or partially suspend the provision of Services. Based upon the results of its investigation, the Provider may take the following measures, including, but not limited to: termination or restriction of the provision of Services, blocking of content, or cancellation of the user account. The Client shall not be entitled to a refund or discount in connection with any measures taken pursuant to this provision.

IIV. PERSONAL DATA

Personal Data of Job Applicants. Personal data of job applicants remain the exclusive property of the Client throughout the period of its storage in the Talentiqa Application. The Client shall be responsible for processing the personal data of candidates in accordance with all relevant legal regulations and for informing candidates about the processing of their personal data, including processing via online interviews in Talentiqa.
Processing Agreement. The Provider shall serve as the processor of job applicants' personal data in Talentiqa. The processing of job applicants' personal data by the Provider shall be governed by the Personal Data Processing Agreement, which is attached hereto as an Annex and incorporated herein by reference.
Processing of Client's Personal Data. Information regarding the processing of personal data by the Provider can be found on the website www.talentiqa.ai/privacy-policy.

IIIV. ARTICLE 8. CLAIMS AND LIMITATION OF LIABILITY

Defective Performance. In the event of defective performance, the Provider shall compensate the Client by providing replacement Services of equivalent value. The Client shall not be entitled to any other claims arising from defective performance. The Provider shall not be liable for defects caused by the Client's inadequate software equipment or connection failures.
Scope of Compensation. The Provider's liability for damages shall be limited, to the maximum extent permitted by law, to an amount not to exceed the total fees paid by the Client for the Services during the 4 months preceding the occurrence of the damage. The existence of multiple claims shall not increase this limit. The Client expressly waives the right to compensation for damages in excess of this stated amount.
Force Majeure. The Provider shall not be liable for any damages caused by Force Majeure. Force Majeure shall include, but not be limited to, power outages, telecommunication service outages, sudden and unexpected unavailability of third-party services, especially technical services utilized by the Provider to fulfil its obligations, the ongoing SARS-CoV-2 pandemic, or any other unfavourable epidemiological situation.
No Archiving. The Provider points out that Talentiqa is not intended for data archiving purposes. The Provider recommends that the Client maintain data back-ups external to Talentiqa. The Provider shall not be responsible for the loss or availability of data during the term of the Contract.

IX. TERM, TERMINATION, SUSPENSION OF SERVICES

Term of the Contract. The Contract is generally concluded for a fixed term. If the Contract is concluded for an indefinite term, either party may terminate it by giving two months' notice, effective from the date of delivery of the notice to the other party.
Automatic Renewal. The Contract shall be automatically renewed for the original term, even repeatedly, unless one of the parties informs the other party at least 30 days prior to the expiry of the current term that it is not interested in continuing the Contract.
Early Termination. The Provider shall be entitled to terminate the Contract by withdrawal with immediate effect upon delivery of the withdrawal notice to the Client if:
1. The Client is more than 30 days late with the payment of any due amount;
2. The Client uses the Talentiqa Application or Services contrary to their purpose, resells the Services to a third party, makes Talentiqa available to a third party, uses Talentiqa to disseminate prohibited or otherwise illegal content, or engages in illegal activities; or
3. The Client violates any other provision of these T&Cs or uses the Services or Talentiqa in violation of legal regulations, and fails to remedy such misconduct within 15 days of written notification by the Provider.
Suspension of Services. The Provider shall be entitled to suspend the provision of Services and access to the Talentiqa Application in the event that the Client is late with the payment of any amount, or in case of suspected misuse of the Services or Talentiqa Application, in the event of a threat to Talentiqa systems by the Client, or suspicion that such a threat exists, and in other cases specified in these T&Cs.
No Compensation. Termination of the Contract due to a breach on the part of the Client or suspension of Services under these T&Cs shall not affect the Client's obligation to pay the price, and the Client shall not be entitled to a refund or compensation for any damage.
Effects of Termination. Termination of the Contract shall only have prospective effect, even in the event of termination of the Contract by withdrawal.

X. FINAL PROVISIONS

Changes to the T&Cs. The Provider may unilaterally change these T&Cs at any time, especially with respect to the scope of services, financial terms, licensing agreements, changes in laws, terms of use, and other rights and obligations when using Talentiqa. Changes take effect no sooner than 30 days after the change is announced. The Client shall have the right to reject the changes and terminate the Contract as of the effective date of the changes.
Governing Law. These T&Cs shall be governed by and construed in accordance with the laws of the Czech Republic. The application of Sections 2389g–2389s of the Civil Code is expressly excluded.
Legal Disputes. The court with local jurisdiction for resolving disputes arising in connection with a contract concluded under these T&Cs shall be the court with local jurisdiction for the district of Prague 1.
Effectiveness. These T&Cs become effective as of November 1, 2025.

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TALENTIQA PERSONAL DATA PROCESSING AGREEMENT

I. SUBJECT MATTER OF THE AGREEMENT

This Data Processing Agreement (the “Processing Agreement”) governs the rights and obligations between the Talentiqa service Provider and the Client with respect to the processing of personal data for the purpose of providing the Services under the Contract.
This Processing Agreement is concluded pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”).
The Provider shall, acting as a processor for the Client, who acts as the controller, process personal data obtained from or on behalf of the Client or obtained for the Client by the Provider for the purposes of performing the Contract.
All capitalized terms used herein shall have the same meaning as defined in the Talentiqa Terms and Conditions (the “T&Cs”). This Processing Agreement is attached as an Annex to the T&Cs and is incorporated herein by reference. By agreeing to the T&Cs, the Client also agrees to this Processing Agreement.

II. SUBJECT MATTER, SCOPE AND PURPOSE OF PROCESSING

The subject matter of this Processing Agreement is the processing of personal data by the Provider for the Client carried out in the Talentiqa Application.
The purpose of the processing is to record and evaluate fulfilment of the requirements for job candidates of the Client.
The Provider will process the personal data of Client’s job candidates within the scope of identification and contact details, information obtained through chat interviews, interview rejections, interview evaluations, and statistics.
The Provider reserves the right to request feedback from data subjects on the use of the Talentiqa Application.
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III. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Provider shall process personal data in based on Client's documented instructions. Instructions must be given in accordance with this Processing Agreement, typically through the relevant functionalities of the individual Services used under the Contract. Instructions that would result in the extension of the functionalities of the Talentiqa Application shall not be given.
The Client shall bear sole responsibility for the lawfulness of personal data processing within the Talentiqa Application, including, in particular, determining the purpose of such processing and informing data subjects about the processing of their personal data, including processing carried out through the Talentiqa Application.
The Provider is entitled to engage a subprocessor for the processing. The list of subcontractors – subprocessors is published on the website https://www.talentiqa.ai/subcontractors. The Provider shall notify the Client of the engagement of a subprocessor by changing the list of subcontractors on the website and shall allow the Client to comment on the change. The Provider shall ensure that the subprocessor is obliged to comply with the conditions of this Processing Agreement during processing.
The Provider shall maintain the confidentiality of the personal data and shall impose confidentiality obligations on its employees and subprocessors.
The Provider shall assist the Client through appropriate technical and organizational measures to fulfil the Client's obligation to respond to requests for the exercise of data subject rights and shall cooperate with the Client in handling such requests. Should the Provider receive a request from a data subject to exercise their rights relating to processing under this Processing Agreement, it shall forward such request to the Client and/or refer the data subject with the request to exercise their rights to the Client.
The Client shall fulfil the obligation to provide information on the processing of personal data to data subjects, while the Provider shall provide cooperation to the Client in this regard and in accordance with the T&Cs.
The Provider, taking into account the state of the technology, the costs of implementation, the nature, scope, context, and purposes of processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons, shall implement and maintain technical and organizational measures to ensure the protection of personal data against destruction, loss, alteration, or unauthorized disclosure or access.
The Provider shall notify the Client of any personal data breach concerning the personal data processed for the Client without undue delay after its discovery. The Provider shall cooperate with the Client in resolving the Personal Data Breach. The notification of a personal data breach shall include, in particular:
1. A description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
2. A description of the likely consequences of the personal data breach,
3. A description of the measures that the Provider has taken or proposes to take to address the personal data breach, including any measures to mitigate any adverse effects.
The Provider further undertakes to:
1. Considering the nature of the processing and the information available to the Provider, to assist the Client in ensuring the security of personal data processing, reporting personal data breaches to the supervisory authority and notifying data subjects of personal data breaches, carrying out personal data impact assessment,
2. Demonstrate to the Client upon request that it has fulfilled its legal obligations under the GDPR,
3. Allow the Client to conduct audits of the Provider's compliance with contractual obligations and the GDPR upon at least 30 days' prior notice; provided that the conduct of any audit may be subject to the conclusion of a confidentiality agreement.
The Provider shall be entitled to reimbursement of costs for activities related to the processing of personal data as a processor, which it performs at the Client's request in fulfilling its obligations under this Processing Agreement, unless these are instructions executed through the standard functionality in the Talentiqa Application.
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IV. TERMINATION

This Processing Agreement shall remain in effect for the entire duration of the Contract and shall automatically terminate upon the termination of the Contract.
Upon termination of the Agreement, the Provider shall enable the Client to export the processed personal data from the Talentiqa Application and shall set a deadline for such export. After this deadline, the personal data will be deleted, unless there is a legal reason on the part of the Provider for further processing.