Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (individually or on behalf of your organisation) and Talcura Technologies Inc. ("Talcura," "we," "us," or "our"), the operator of the Pursuitly hiring platform ("Service"). By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using Pursuitly on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Description of Service

Pursuitly is a cloud-based applicant tracking and hiring platform that enables organisations to post job openings, manage candidate pipelines, conduct screenings, schedule interviews, and onboard new employees. The Service is provided as software-as-a-service (SaaS) and is accessible via web browser and API.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.

3. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately at support@pursuitly.com if you suspect unauthorised access
• Ensuring that all users added to your account comply with these Terms

You may not share accounts, use another person's account, or create accounts using automated means.

4. Acceptable Use

You agree to use Pursuitly only for lawful purposes and in compliance with all applicable employment, privacy, and human rights laws. You must not:

• Use the Service to discriminate against candidates on the basis of race, gender, age, religion, national origin, disability, sexual orientation, or any other protected characteristic
• Post false, misleading, or fraudulent job listings
• Upload malicious code, viruses, or any content that could harm the Service or other users
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Scrape, crawl, or extract data from the platform using automated means without written permission
• Resell, sublicense, or otherwise commercialise the Service without our written consent
• Use the Service to send unsolicited communications (spam)
• Violate any applicable Canadian, provincial, or international law or regulation

5. Subscription, Fees & Billing

Pursuitly is offered on a subscription basis. Your chosen plan and associated fees are described on our pricing page. By subscribing:

• You authorise us to charge your payment method on a recurring basis (monthly or annually as selected)
• Fees are non-refundable except where required by applicable law or as stated in our refund policy
• We may change subscription fees upon 30 days' written notice; your continued use after that date constitutes acceptance of the new pricing
• Failure to pay may result in suspension or termination of your account
• All fees are in Canadian dollars (CAD) unless otherwise stated and are exclusive of applicable taxes

For Pro plan subscribers, a 14-day free trial is available. No credit card is charged during the trial period. The trial may be cancelled at any time before it ends at no cost.

6. Intellectual Property

The Pursuitly platform, including its software, design, trademarks, logos, and all related content, is owned by Talcura Technologies Inc. and is protected by Canadian and international intellectual property laws. These Terms do not grant you any ownership interest in the Service.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms.

7. Your Data & Content

You retain ownership of all data, content, and materials you upload or create within Pursuitly ("Your Content"). By using the Service, you grant Talcura a limited licence to host, process, and display Your Content solely as necessary to provide the Service.

You are solely responsible for ensuring that Your Content — including candidate data, job descriptions, and screening materials — complies with applicable privacy laws (including PIPEDA) and employment standards legislation.

We will not access Your Content except to provide the Service, maintain the platform, comply with legal obligations, or as otherwise set out in our Privacy Policy. You may export all Your Content at any time.

8. Third-Party Integrations

Pursuitly integrates with third-party services including job boards, HRIS platforms, video conferencing tools, and payment processors. These integrations are subject to the terms and privacy policies of the respective third parties. Talcura is not responsible for the practices, content, or availability of third-party services.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Talcura Technologies Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any claims arising under or related to these Terms shall not exceed the greater of (a) the fees you paid to us in the 12 months preceding the claim, or (b) CAD $500.

11. Indemnification

You agree to indemnify, defend, and hold harmless Talcura Technologies Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

12. Termination

Either party may terminate these Terms at any time. You may cancel your account through the account settings page or by contacting us. We may suspend or terminate your account immediately if we believe you have violated these Terms, are engaging in fraudulent activity, or for other legitimate business reasons, with notice where practicable.

Upon termination, your right to use the Service ceases immediately. We will retain your data for 90 days following termination, during which you may export it. After 90 days, your data will be deleted in accordance with our data retention policy.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

14. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice within the platform at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Contact