Terms of Service

Acceptance of Terms

Welcome to Sustainable Talent. By accessing or using our website, platform (TalentOS™), or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and Sustainable Talent, LLC.

Important: These Terms include provisions that limit our liability and require arbitration of disputes. Please read Section 11 (Disputes and Arbitration) carefully.

Our Services

Sustainable Talent provides:

• Recruiting Services: Technical and professional recruiting for enterprise and growth-stage companies
• Contingent Workforce Management: Vendor Service Provider (VSP) and Managed Service Provider (MSP) solutions
• TalentOS™ Platform: Cloud-based talent operations platform for pipeline visibility, compliance, and program management
• Global Employment Solutions: W2 employment (US via ADP TotalSource), contractor engagement (global via Deel)
• Advisory Services: Talent strategy, AI-enabled workflows, and operational consulting

Services are provided subject to these Terms, applicable Master Service Agreements (MSAs), and Statements of Work (SOWs).

Account Registration and Security

Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breaches
• One person or entity may not maintain multiple accounts without prior authorization

Eligibility

You must be:

• At least 18 years old
• Capable of forming a binding contract under applicable law
• Not prohibited from using our services under US or other applicable laws

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or otherwise pose a risk to our platform or users.

Client Terms (Hiring Companies)

Engagement Terms

Client relationships are governed by:

• Master Service Agreement (MSA)
• Statement of Work (SOW) for each engagement
• These Terms of Service

Client Responsibilities

Clients agree to:

• Provide accurate job descriptions, requirements, and feedback
• Respond to candidate submissions within agreed-upon SLAs
• Maintain a lawful, non-discriminatory hiring process
• Honor offers made to candidates sourced through Sustainable Talent
• Pay fees according to the agreed-upon fee schedule
• Not circumvent Sustainable Talent to hire candidates directly (see Non-Circumvention clause)

Non-Circumvention

Clients may not hire, engage, or contract with candidates introduced by Sustainable Talent without paying applicable fees for:

• 12 months from the date of introduction for permanent placements
• Duration of assignment + 6 months for contingent workers

Candidate Terms (Job Seekers)

Representation and Submission

By submitting your profile or resume, you represent that:

• All information provided is accurate, current, and complete
• You have the legal right to work in the locations you've specified
• You are not currently bound by non-compete or non-solicitation agreements that would prevent engagement
• You consent to background checks, reference checks, and verification as required by clients

Job Offers and Assignments

• Sustainable Talent facilitates introductions but does not guarantee job offers or placements
• Final hiring decisions rest with the client
• W2 employees (US) are employed by Sustainable Talent via ADP TotalSource
• Contractors (global) engage through Deel or other approved entities

Conduct

Candidates must:

• Conduct themselves professionally during interviews and assignments
• Honor commitments made to clients
• Notify Sustainable Talent immediately of any assignment issues or concerns
• Not share confidential client information without authorization

Platform Use (TalentOS™)

Permitted Use

You may use TalentOS™ to:

• View pipeline status and candidate information (as authorized)
• Provide feedback and approvals
• Access reports and analytics
• Communicate with Sustainable Talent team members

Prohibited Activities

You may NOT:

• Reverse engineer, decompile, or attempt to extract source code
• Use automated scripts, bots, or scrapers to access the platform
• Attempt to gain unauthorized access to systems or data
• Upload malicious code, viruses, or harmful content
• Use the platform for purposes other than those authorized
• Share login credentials with unauthorized parties
• Extract data for use outside of approved purposes

Data and Privacy

Your use of TalentOS™ is subject to our Privacy Policy. All data accessed through the platform remains confidential and may not be shared without authorization.

Intellectual Property Rights

Ownership

Sustainable Talent retains all rights, title, and interest in:

• TalentOS™ platform, including all code, designs, and features
• Sustainable Talent branding, logos, and trademarks
• Methodologies, processes, and proprietary workflows
• Training materials, documentation, and content

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use our services during the term of your agreement.

Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

Payments and Fees

Fee Structure

Fees are determined by:

• Master Service Agreement (MSA)
• Statement of Work (SOW)
• Engagement type (permanent placement, contingent staffing, MSP/VSP)

Payment Terms

• Invoicing: Net 30 days unless otherwise specified
• Late Payments: Subject to 1.5% monthly interest charge (or maximum allowed by law)
• Disputes: Must be raised within 10 business days of invoice date

Refunds

Placement fees may be subject to pro-rated refunds if a candidate voluntarily leaves or is terminated within the guarantee period (typically 90 days). Refund terms are specified in the applicable MSA or SOW.

Termination

Termination by You

You may terminate your account at any time by:

• Submitting a written termination notice to talent@sustainabletalent.com
• Completing any active assignments or contractual obligations

Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay invoices within agreed-upon terms
• Pose a security or reputational risk

Effect of Termination

Upon termination:

• Your access to TalentOS™ and services will cease
• Outstanding fees remain payable
• Non-circumvention and confidentiality obligations survive
• You must return or destroy any confidential information

Limitation of Liability

Disclaimer of Warranties

Services are provided "AS IS" without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUSTAINABLE TALENT SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Candidate performance, termination, or misconduct
• Third-party actions or platform outages

Our total liability for any claim shall not exceed the fees paid by you in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold Sustainable Talent harmless from claims arising from:

• Your violation of these Terms
• Your misuse of the platform or services
• Your violation of any third-party rights
• Your negligence or willful misconduct

Disputes and Arbitration

Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at legal@sustainabletalent.com.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Location: Miami, Florida
• Governing Law: Laws of the State of Florida (excluding conflict of law principles)
• Class Action Waiver: You agree to bring claims individually, not as part of a class action

Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property violations
• Confidentiality breaches
• Non-circumvention violations

General Provisions

Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Entire Agreement

These Terms, together with any MSA, SOW, or Privacy Policy, constitute the entire agreement between you and Sustainable Talent.

Contact

Questions about these Terms?