Terms of Service

By accessing or using the Talentika platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to any part of these Terms, you may not access or use the Service. The Service is operated by SSIT, MB (legal form: mažoji bendrija; company registration number: 306676561; registered address: Blindžių g. 24-5, LT-08110 Vilnius, Lithuania) ("we", "our", or "us"). For the purposes of these Terms, references to "Talentika" refer to the platform; the contracting party is SSIT, MB.

The Service is intended exclusively for use by businesses, sole proprietors, and other legal entities engaged in recruitment activities. The Service is not intended for consumers as defined in Article 6.2281 of the Civil Code of the Republic of Lithuania. By accepting these Terms, you confirm that you are entering into this agreement in the course of your trade, business, craft, or profession.

Talentika provides an applicant tracking system (ATS) and career page builder for businesses. The Service includes: career page creation with AI-assisted content generation, job advertisement management with CV Online integration, candidate pipeline management with automated email notifications and interview scheduling, team collaboration tools, and analytics. We may modify, add, or discontinue features of the Service at any time. We will provide at least 30 days' prior notice of material adverse changes (such as removal of significant features) by email or in-Service notification, except where the change is required by law, security, or to address a critical defect.

You are responsible for the confidentiality of your account credentials and for all activities conducted under your account. You must notify us without undue delay of any unauthorised use. Each account is associated with a specific organisation, and data is accessible only within that organisation. You must be at least 18 years old and authorised to bind the organisation on whose behalf you are using the Service.

We use commercially reasonable efforts to maintain Service availability. Scheduled maintenance is announced at least 48 hours in advance where reasonably practicable. Downtime caused by events beyond our reasonable control - including outages or degraded performance of the third-party sub-processors listed in the Data Processing Agreement (such as Vercel, Supabase, Upstash, Resend, OpenAI, Google) and force majeure events - is excluded from any availability assessment. We do not commit to a specific uptime percentage with service credits unless a separate Service Level Agreement has been signed by both parties.

You agree not to use the Service to publish illegal, discriminatory, defamatory, or offensive content. You are responsible for ensuring that job advertisements comply with applicable employment law, including the Labour Code of the Republic of Lithuania and EU anti-discrimination directives. You agree not to: (a) reverse-engineer, decompile, or extract the source code of the Service; (b) use the Service to send unsolicited communications in violation of applicable law; (c) attempt to gain unauthorised access to any part of the Service; or (d) use the Service for purposes competing with SSIT, MB's recruitment software business.

When you use Talentika to process candidate personal data, you act as the data controller and SSIT, MB acts as the data processor under the GDPR. The Data Processing Agreement (DPA), available at talentika.lt/dpa, governs the processing of personal data on your behalf and is incorporated into these Terms by reference. You are responsible for obtaining valid consent from candidates and complying with your obligations as a data controller.

The Service includes AI features that generate career page content, job advertisements, and candidate analyses. AI-generated content is provided as a draft and may require review and editing. You are responsible for reviewing all AI-generated content before publication. SSIT, MB makes no warranty as to the accuracy, fitness for purpose, or legality of AI-generated content and is not liable for inaccuracies, bias, or legal issues arising from AI-generated content that you publish without review. Decision-supporting role: The AI features are decision-supporting tools. They generate drafts, summaries, and analyses for human review. They do not automatically rank, filter, reject, shortlist, or hire candidates. All hiring decisions (shortlisting, interviews, offers, hiring) are made by your human recruiters, who retain full authority over the recruitment process. Classification under the EU AI Act: SSIT, MB considers the AI features in the Service to fall within the derogation in Article 6(3) of Regulation (EU) 2024/1689 (the EU AI Act), specifically as systems that improve the result of a previously completed human activity (Article 6(3)(b)) and perform preparatory tasks for an assessment carried out by a human (Article 6(3)(d)). The AI does not make automated decisions affecting natural persons within the meaning of Annex III, point 4, because final decisions remain with the user's human recruiters and the system does not profile candidates for the purpose of automated decision-making. Transparency obligations: In accordance with Article 50 of the EU AI Act, AI-generated content within the platform is identified as such where it is generated by AI features and is subject to your review before publication. You are responsible for informing job candidates and other affected individuals about the use of AI in your recruitment process to the extent required by applicable law (including Article 22 GDPR concerning automated decision-making and any local labour-law disclosure obligations). Prohibited uses: You may not use the AI features (a) to make solely automated decisions producing legal effects or similarly significantly affecting natural persons within the meaning of Article 22 GDPR; (b) in a manner that would qualify the system as high-risk under Annex III of the EU AI Act (such as automated filtering or evaluation of candidates without human review); or (c) for any prohibited practice under Article 5 of the EU AI Act. If your specific use of the Service falls within Annex III high-risk categories, you must independently implement the additional safeguards required by the EU AI Act and notify SSIT, MB so that appropriate measures may be agreed.

The Service, its original content, features, and functionality are owned by SSIT, MB and are protected by copyright and other intellectual property laws of the Republic of Lithuania and international treaties. Content that you create through the Service (career pages, job advertisements, candidate notes) remains your intellectual property. You grant SSIT, MB a worldwide, non-exclusive, royalty-free licence to host, display, and process your content solely for the purpose of providing the Service. This licence terminates when the relevant content is deleted or your account is closed.

Each party agrees to keep confidential all non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential. This obligation survives termination of these Terms for a period of three (3) years.

Except as expressly stated in these Terms, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or secure against unauthorised access.

To the maximum extent permitted by law, SSIT, MB shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of data, hiring delays, or issues arising from third-party integrations. The aggregate liability of SSIT, MB under these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to: (a) liability for intentional misconduct or gross negligence; (b) damages caused to life or health; (c) liability that cannot be limited under mandatory provisions of Lithuanian law (including consumer protection legislation, where applicable). Where any limitation is held unenforceable, the remaining limitations shall continue to apply to the fullest extent permitted by law.

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications failures, or denial-of-service attacks.

These Terms remain in effect for as long as you maintain an account with the Service. You may terminate your account at any time via your account settings. We may suspend or terminate your account immediately, with or without notice, if you materially breach these Terms or applicable law. Upon termination, you may export your data within 30 days from the date of termination, after which we will delete your data in accordance with the DPA and our retention policies. The following provisions survive termination: Sections 8 (DPA), 11 (Intellectual Property), 12 (Confidentiality), 14 (Limitation of Liability), 18 (Governing Law), and any provision that, by its nature, is intended to survive.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by email or in-Service notification at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account during the notice period.

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with these Terms shall be resolved by the courts of the Republic of Lithuania. The parties agree that, depending on the value of the claim, the Vilnius District Court (Vilniaus miesto apylinkės teismas) or the Vilnius Regional Court (Vilniaus apygardos teismas) shall have first-instance jurisdiction.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. SSIT, MB may assign these Terms to any successor entity, including in connection with a merger, acquisition, or sale of assets, with prior notice to you.

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and SSIT, MB regarding the Service.

For questions regarding these Terms, please contact: SSIT, MB Blindžių g. 24-5, LT-08110 Vilnius, Lithuania Email: info@talentika.lt