Terms & Conditions

1. Introduction

1.1 About Us

TalentFora is an AI-powered resume scanning and candidate assessment platform (the "Platform") designed to assist employers, recruiters, and hiring teams in reviewing and evaluating candidate information.

TalentFora is a product of the Forasoftware group. The Platform is developed by Softfoora Services Pvt. Ltd. (India) and is operated, sold, supported, and made available under the TalentFora brand on a business-to-business basis by FORASOFTWARE AUSTRALIA PTY LTD, a company registered in Australia (ACN: 685 226 706, ABN: 25685226706), whose principal place of business is located at U 1 29 HELEN ST. NEWTOWN QLD 4350 ("Forasoftware Australia").

In these Terms, "TalentFora", "we", "us", or "our" refers to FORASOFTWARE AUSTRALIA PTY LTD, acting as the contracting entity providing the Platform to you.

1.2 Our Service

TalentFora provides tools that use artificial intelligence and automated processes to analyse resumes and related candidate data, generate insights, and support recruitment and evaluation processes.

The Platform is intended solely as an assistive technology tool. It does not make hiring decisions, is not intended to be used as the sole basis for automated decision-making, and must not be relied upon as the sole basis for any employment or hiring decision. All outputs require mandatory human review and judgment.

1.3 Acceptance of These Terms

By accessing or using the Platform, including by creating an account, submitting information, uploading candidate data, or subscribing to any paid services, you agree to be bound by these Terms & Conditions.

If you do not agree to these Terms, you must not use the Platform.

You confirm that:

• You are at least 18 years old; and
• You have the legal authority to enter into a binding agreement on behalf of yourself or the organisation you represent.

Your use of the Platform is also subject to our Privacy Policy and Cookie Policy, which explain how we collect, use, and protect your information in accordance with Australian law.

2. User Accounts, User Types and Acceptable Use

2.1 User Accounts

Access to the Platform requires the creation of an account.

You agree to:

• Provide accurate and complete information when creating an account;
• Keep your login credentials secure and confidential; and
• Be responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts where we reasonably believe there has been unauthorised use, misuse of the Platform, or a breach of these Terms.

2.2 User Types

The Platform may be used by different types of users, including:

• Employers / Recruiters who use the Platform to upload, review, analyse, and evaluate candidate information; and
• Candidates whose data may be submitted to or processed by the Platform in connection with recruitment activities.

Where you use the Platform on behalf of an organisation, you confirm that you are authorised to act on its behalf and to bind that organisation to these Terms.

2.3 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Platform in any way that violates applicable laws or regulations, including employment, data protection, or anti-discrimination laws;
• Upload, submit, or process any content that is unlawful, harmful, misleading, or infringes the rights of others;
• Use the Platform to make fully automated decisions about individuals without appropriate human review;
• Attempt to reverse engineer, interfere with, or disrupt the Platform or its underlying systems;
• Use automated tools (including bots, scraping tools, or scripts) to access or extract data from the Platform without permission;
• Misuse, copy, distribute, or exploit any data obtained through the Platform in a way that breaches applicable law or these Terms.

We reserve the right to monitor use of the Platform and to suspend or restrict access where we reasonably believe these Terms have been breached.

3. AI Disclaimer and Limitations of Service

3.1 Nature of AI Services

The Platform uses artificial intelligence and automated processes to analyse resumes and related candidate data, and to generate insights to support recruitment and evaluation activities.

You acknowledge that such outputs are generated using statistical and probabilistic methods and may not always be accurate, complete, or reliable.

The Platform is designed to assist in matching candidate information against employer-defined criteria and preferences and does not independently make employment decisions. The Platform is designed to support human decision-making and should be used by customers in a manner consistent with applicable laws and regulations relating to artificial intelligence, employment, and automated processing in Australia.

3.2 No Automated Decision-Making

The Platform does not make decisions regarding candidates or employment outcomes.

You agree that:

• All outputs must be reviewed by a human; and
• No decision affecting an individual should be made solely on the basis of Platform outputs.

3.3 User Responsibility

You are solely responsible for:

• How you interpret and use any outputs generated by the Platform; and
• Any decisions made in relation to candidates, including hiring, rejection, or evaluation.

The Platform is intended to support, and not replace, independent human judgment.

3.4 No Guarantees

To the maximum extent permitted by law, including the Australian Consumer Law, the Platform is provided on an "as is" and "as available" basis.

We do not guarantee that the Platform will:

• Produce accurate, complete, or error-free results;
• Identify the most suitable candidates; or
• Operate without interruption or limitation.

3.5 System Limitations

You acknowledge that:

• AI systems may reflect biases present in underlying data or model design;
• Outputs may vary depending on the quality and completeness of input data; and
• The Platform may evolve over time, including updates to models, methodologies, and functionality.

3.6 No Liability for Decisions

To the maximum extent permitted by applicable law, we are not responsible for:

• Any decisions made based on Platform outputs;
• Any employment, hiring, or evaluation outcomes; or
• Any loss or damage arising from reliance on AI-generated results.

4. Fees, Subscriptions and Payments

4.1 Fees and Subscription

Access to certain features of the Platform may require payment of fees on a subscription basis. Details of applicable fees, billing cycles, subscription terms, free trials, promotional codes, credits, and usage limits will be made available at the point of purchase or within the Platform. All billing documentation will prominently feature our ABN: 25685226706.

4.2 Billing and Payment Processing

Payments may be processed through third-party payment providers made available by TalentFora from time to time.

By making a payment, you agree:

• to provide accurate and complete billing information; and
• to authorise us and/or our payment provider to charge the applicable fees.

We do not store full payment card details.

4.3 Subscription Renewal

Subscriptions may renew automatically at the end of each billing period unless cancelled in advance. You are responsible for managing your subscription and cancelling prior to renewal if you do not wish to continue.

4.4 Cancellation

You may cancel your subscription through the Platform, where cancellation functionality is available, or by following the cancellation instructions made available within your account, order form, invoice, or other customer communications. Cancellation will take effect at the end of the current billing period unless otherwise stated.

4.5 Refunds and Consumer Rights

Subject to any non-excludable rights you may have under the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or obligations owed to payment providers (including chargebacks), all fees are non-refundable.

Where refunds, adjustments, or goodwill remedies are provided outside of those required by the ACL, they may, at our discretion, be issued in the form of service credits or website credits.

4.6 Changes to Fees

We reserve the right to change pricing or subscription terms from time to time. Any changes will be communicated in advance and will apply to future billing periods.

5. Data, Privacy and User Content

5.1 User Content

You may upload, submit, or otherwise provide content to the Platform, including resumes, candidate data, and related information ("User Content").

You are solely responsible for:

• The accuracy and completeness of any User Content; and
• Ensuring that you have the right to upload, process, and use such content.

5.2 Lawful Use of Data

You agree that any User Content you provide:

• Complies with applicable data protection laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as employment and other relevant laws; and
• Does not infringe the rights of any individual or third party.

5.3 Platform Processing

We process User Content for the purpose of providing, securing, supporting, maintaining, and improving the Platform, including AI-based analysis and related services, in accordance with these Terms, our Privacy Policy, any applicable Data Processing Addendum, customer settings, and applicable Australian law.

5.4 Data Access, Download and Export

The Platform may enable employers, recruiters, or customers to access, review, analyse, download, or export candidate data, including CVs, resumes, related Platform outputs, rankings, scores, summaries, reports, or insights.

You acknowledge that once data is accessed, downloaded, exported, transferred, or otherwise used outside the Platform, you are responsible for its subsequent use, storage, sharing, transfer, retention, deletion, security, and compliance with the Privacy Act 1988 (Cth) and the APPs.

5.5 Data Responsibility

We do not verify the accuracy or legality of User Content and are not responsible for:

• The content of any data submitted by users; or
• How users use, process, or rely on such data.

5.6 Privacy and Subject Rights

Our collection and use of personal data are governed by our Privacy Policy, which forms part of these Terms. We are committed to upholding data subject rights as mandated by the Australian Privacy Principles, including the right to access, correct, and lodge complaints regarding personal information.

5.7 Data Responsibility and Export

You are responsible for ensuring that you have a valid legal basis to upload and process any personal data, including candidate CVs.

Where you download, export, or otherwise access candidate data outside the Platform, you are solely responsible for its subsequent use, storage, transfer, sharing, retention, deletion, and compliance with applicable laws, including data protection and employment laws.

6. Intellectual Property

6.1 Ownership of the Platform

All intellectual property rights in the Platform, including its software, design, structure, features, algorithms, models, scoring systems, underlying technology, branding, documentation, and related materials, are owned by or licensed to FORASOFTWARE AUSTRALIA PTY LTD and/or the relevant Forasoftware group entities.

Nothing in these Terms transfers any ownership rights in the Platform, the TalentFora product, or any Forasoftware intellectual property to you.

6.2 Ownership of Outputs

To the extent permitted by law, all intellectual property rights in the outputs generated, including candidate rankings, scores, summaries, reports, and insights ("Outputs"), are owned by or licensed to FORASOFTWARE AUSTRALIA PTY LTD and/or the relevant Forasoftware group entities.

Subject to these Terms, you are granted a limited, non-exclusive, non-transferable licence to use Outputs solely for your internal business purposes, including recruitment and candidate evaluation activities.

6.3 Use of Outputs

You may use Outputs as part of your internal hiring processes or to support services provided to your clients, provided that such use does not involve:

• reselling, sublicensing, or commercialising the Outputs as a standalone product or service;
• using Outputs to develop, train, or improve any competing product, model, or service; or
• misrepresenting Outputs as independently generated without the use of the Platform.

6.4 User Content

You retain ownership of any data, resumes, or content you upload to the Platform ("User Content").

You grant TalentFora, FORASOFTWARE AUSTRALIA PTY LTD, and the relevant Forasoftware group entities a non-exclusive, worldwide, royalty-free licence to process, analyse, host, store, access, and use User Content for the purpose of providing, securing, supporting, maintaining, and improving the Platform in accordance with these Terms, our Privacy Policy, customer settings, and applicable law.

6.5 Restrictions

You must not, and must not permit any third party to:

• copy, reproduce, modify, or create derivative works from the Platform or its Outputs;
• reverse engineer, decompile, or attempt to extract the source code, models, or underlying logic of the Platform;
• access or use the Platform to build or support a competing product or service; or
• remove or obscure any proprietary notices or branding.

6.6 Nature of AI Outputs

You acknowledge that Outputs are generated using automated and statistical processes and may not be unique. Similar or identical outputs may be generated for other users based on similar inputs.

6.7 Data Storage and Access Options

The Platform may offer different service levels, including:

• processing and returning ranking-based Outputs without retaining underlying CV data; and/or
• storing and hosting User Content and related Outputs for defined retention periods.

Where User Content is stored by TalentFora, it will be processed and retained in accordance with these Terms and the Privacy Policy. Where Outputs or data are downloaded or exported, your use of such data remains subject to Section 5.7.

7. Suspension and Termination

7.1 Suspension and Termination Rights

We may suspend, restrict, or terminate your access to the Platform, with or without notice where reasonably necessary, including where:

• you breach these Terms or any applicable policies;
• you fail to pay applicable fees within the required timeframe;
• your use of the Platform is unlawful, harmful, discriminatory, misleading, or unethical;
• you process, store, or transfer personal data in breach of applicable data protection laws (including the Privacy Act 1988 (Cth));
• you share access credentials, provide unauthorised access to third parties, or resell the Platform without permission;
• you attempt to reverse engineer, interfere with, or disrupt the Platform, including its AI models or infrastructure;
• you engage in excessive, automated, or abusive usage that impacts system performance or circumvents usage limits;
• your account is compromised or poses a security risk to the Platform or other users;
• you use the Platform in a fraudulent, deceptive, or misleading manner;
• you misuse Platform features, retention settings, candidate data, or exported data; or
• your actions materially harm or risk harm to our systems, users, business, brand, reputation, or public trust.

We may also suspend or restrict access where required to comply with applicable law, regulation, or legal process. We are not liable for any loss arising from suspension or termination carried out in accordance with these Terms.

7.2 Effect of Termination

Upon termination:

• your right to access and use the Platform will immediately cease;
• any outstanding fees will remain payable; and
• we may delete, restrict, retain, or disable access to your account and associated data in accordance with our data retention policies, Privacy Policy, and applicable law.

7.3 Survival

Any provisions of these Terms which by their nature should survive termination shall continue in effect, including those relating to intellectual property, liability, indemnity, and data protection.

8. Limitation of Liability

8.1 No Indirect Loss

To the maximum extent permitted by applicable law, including the Australian Consumer Law (ACL), TalentFora shall not be liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to:

• loss of profits;
• loss of business or opportunity;
• loss of data (other than where required by law); or
• reputational harm,

arising out of or in connection with the use of, or inability to use, the Platform.

8.2 Cap on Liability

8.3 Carve-Outs and Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by any statute, including the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot lawfully be excluded, restricted, or modified.

To the extent permitted by law, where our liability for a breach of a non-excludable consumer guarantee under the ACL cannot be excluded but may be limited, our liability is limited (at our option) to:

• in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; or
• in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods or acquiring equivalent goods.

8.4 AI and Decision-Making

Without limiting the generality of the above, TalentFora shall not be liable for:

• any hiring, employment, or evaluation decisions made using the Platform; or
• any reliance placed on AI-generated outputs.

8.5 User Responsibility for Data and Compliance

You acknowledge and agree that you are solely responsible, and TalentFora shall have no responsibility, for:

• ensuring compliance with applicable employment, data protection, and anti-discrimination laws; and
• the lawful use, storage, transfer, sharing, retention, and deletion of any data processed, downloaded, or exported through the Platform.

9. Indemnity

9.1 User Indemnity

You agree to indemnify, defend, and hold harmless TalentFora, FORASOFTWARE AUSTRALIA PTY LTD, Softfoora Services Pvt. Ltd., relevant Forasoftware group entities, and their respective affiliates, directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with:

• your use of the Platform;
• any User Content uploaded, submitted, or processed by you;
• your use of Outputs generated by the Platform;
• your downloading, exporting, storing, sharing, transferring, retaining, or deleting of candidate data outside the Platform;
• any decisions made by you in relation to candidates, including hiring, rejection, or evaluation decisions;
• your breach of these Terms; or
• your violation of any applicable law or the rights of any third party, including data protection, employment, or anti-discrimination laws.

9.2 Data and Third-Party Claims

Without limiting the above, you agree to indemnify TalentFora against any claims brought by candidates or other third parties arising from:

• the collection, upload, or processing of personal data by you;
• the use or disclosure of candidate data outside the Platform; or
• any alleged misuse, unlawful processing, or mishandling of personal data.

9.3 Conditions

TalentFora will:

• notify you promptly of any claim (to the extent reasonably practicable); and
• allow you to assume control of the defence and settlement of the claim, provided that you do not settle any claim in a manner that imposes liability or obligations on TalentFora without its prior written consent.

10. Governing Law and Jurisdiction

10.1 Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the use of the Platform shall be governed by and construed in accordance with the laws of New South Wales and the federal laws of Australia.

10.2 Jurisdiction

Subject to Section 10.3, the courts of New South Wales, Australia, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the use of the Platform.

10.3 Exceptions

Nothing in this Section shall prevent TalentFora from seeking injunctive or other equitable relief in any jurisdiction where such relief is necessary to protect its intellectual property, confidential information, or other legitimate business interests.

11. International Data Transfers and Privacy Compliance

11.1 Cross-Border Processing

You acknowledge that, in order to provide, support, secure, maintain, and improve the Platform, User Content and personal data may be processed, stored, accessed, or transferred to overseas recipients, including our development centre (Softfoora Services Pvt. Ltd. located in India) and various cloud infrastructure providers.

11.2 Compliance with APP 8

In accordance with Australian Privacy Principle (APP) 8 (Cross-border disclosure of personal information), we take reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach the APPs in relation to the personal information transferred, except where an exception under the Privacy Act 1988 (Cth) applies.

11.3 Supervisory Authority (OAIC)

For matters concerning privacy, data protection rights, or complaints regarding the handling of personal information, users have the right to contact or seek guidance from the Office of the Australian Information Commissioner (OAIC).

11.4 User Responsibility for Transfers

Where you download, export, or otherwise transfer personal data from the Platform to another jurisdiction, you are solely responsible for ensuring that such transfers comply with applicable data protection laws, including the APPs.

12. General

12.1 Changes to These Terms

We may update or modify these Terms from time to time. Where changes are material, we will take reasonable steps to notify you (for example, via the Platform or by email). Your continued use of the Platform after any such changes take effect constitutes acceptance of the updated Terms. Where required by applicable law, we will obtain your consent to material changes.

12.2 Entire Agreement

These Terms, together with any policies, notices, addenda, or documents referenced herein or made available by TalentFora, including the Privacy Policy, Cookie Policy, Cancellation & Refund Policy, AI / Human Oversight Notice, Sub-Processor / Data Transfer Summary, and any applicable Data Processing Addendum, constitute the entire agreement between you and TalentFora in relation to the Platform and supersede any prior agreements, understandings, or representations.

12.3 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

Any failure or delay by TalentFora to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

12.5 Assignment

You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

12.6 No Partnership or Agency

Nothing in these Terms shall be deemed to create any partnership, joint venture, or agency relationship between you and TalentFora.

12.7 Third-Party Rights

A person who is not a party to these Terms shall not have any rights to enforce any provision of these Terms, except where expressly stated.

12.8 Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, internet or infrastructure failures, cyber incidents, labour disputes, or governmental actions.