Terms of Service

These Terms of Service ("Terms") are an agreement between you and DBEE, Inc. ("DBEE"), a United States corporation doing business as FreshTalent ("FreshTalent," "we," "us," or "our"). They govern your access to and use of the website at https://freshtalent.ai, API at https://api.freshtalent.ai, documentation at https://docs.freshtalent.ai, and related services (collectively, the "Service"). By creating an account, obtaining an API key, or using the Service, you agree to these Terms.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

1. Acceptance of terms

You must be at least 18 years old and able to form a binding contract to use the Service. If you do not agree to these Terms, do not use the Service.

2. Accounts and API keys

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity under your account. You must promptly notify us at support@freshtalent.ai if you suspect unauthorized access. We may suspend or revoke keys that appear compromised or used in violation of these Terms.

3. The Service

FreshTalent provides a talent graph of publicly available professional data, including profiles, companies, jobs, and related signals from public professional sources. We may store, refresh, match related public identities, and derive signals from observed profile changes so we can operate search, monitoring, and alerts.

The Service depends on third-party sources and networks. We do not control those platforms and do not warrant that any particular source will remain available or unchanged. Data freshness and completeness may vary. Inferred signals are estimates from public information; they may be incomplete or wrong and do not establish that someone wants a job or intends to change roles.

The Service is a sourcing and monitoring tool. It is not a background check, consumer report, or employment-screening product. The Service does not provide candidate email addresses or phone numbers as product fields. Person identifiers are public profile URLs or slugs.

4. Your data and our license to you

You retain rights in your account data and in identifiers, lists, and other inputs you submit. You grant us a limited license to process those inputs and related metadata as needed to provide and secure the Service.

Subject to these Terms and any third-party rights in the underlying public data, we grant you a non-exclusive license to use outputs you lawfully receive from the Service for your internal business purposes, including recruiting and talent workflows. You do not own the talent graph, the Service, or the underlying public profiles. You may not resell or republish raw data dumps except as allowed in section 5.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose, or in violation of applicable privacy, employment, equal-opportunity, marketing, or export laws
• Use the Service as a consumer report or for any purpose regulated by the Fair Credit Reporting Act
• Use the Service to make an adverse employment, credit, tenant, or insurance decision about an individual
• Resell, redistribute, or publish raw data dumps in a manner that violates third-party terms of service or applicable law
• Abuse the Service—including exceeding rate limits, circumventing technical controls, reverse-engineering for competitive scraping of our infrastructure, or launching denial-of-service attacks
• Impersonate FreshTalent, misrepresent your affiliation, or use the Service to phish, spam, or harass individuals
• Attempt to access other customers' accounts, keys, or data

We may investigate suspected violations and suspend or terminate access where reasonably necessary to protect the Service or others.

6. Fair Credit Reporting Act

The Service is not offered as a consumer reporting service, and we do not intend the Service or its outputs to be "consumer reports" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). You may not use the Service, in whole or in part, as a factor in establishing an individual's eligibility for credit, insurance, employment, housing, or any other FCRA-covered purpose. You may use the Service to identify and source potential candidates. You may not use it as a background check or to take an adverse action based on the data.

7. Your responsibilities

You are responsible for ensuring you have a lawful basis to use the Service and any outputs in your own products and workflows, including under privacy, employment, and marketing laws that apply to you. You are responsible for how you contact people you find through the Service.

You will defend and indemnify DBEE, Inc. and its officers, directors, employees, and agents against third-party claims, damages, and reasonable attorneys' fees to the extent caused by your breach of these Terms, your unlawful use of the Service or its outputs, or your infringement of third-party rights. This indemnity does not cover claims to the extent caused by our own conduct. We will give you prompt notice of a covered claim. You may not settle a claim that admits fault by us or imposes obligations on us without our prior written consent.

8. Fees and cancellation

Fees, plan names, included usage, and billing interval are as shown when you purchase, in the product, or in a signed order. We may offer a trial. Unless required by law or we agree otherwise in writing, fees are non-refundable. We may change prices going forward; the new price applies to later billing periods.

To cancel, stop using the Service and email support@freshtalent.ai, or use any cancellation control we provide in the product. Access continues through any period already paid unless we say otherwise. Cancellation of your account does not by itself remove public professional data from the shared talent graph.

9. Intellectual property

DBEE, Inc. and its licensors own the Service, including software, branding, documentation, and platform IP. These Terms do not transfer ownership of the Service to you.

10. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use that information only to perform under these Terms and will protect it with at least reasonable care. Confidential Information does not include information that is public, independently developed, or rightfully received from a third party without duty of confidentiality. Either party may disclose Confidential Information if required by law, after giving notice where legally permitted.

11. Privacy

Our collection and use of information is described in our Privacy Policy. For access, deletion, correction, or suppression requests, email support@freshtalent.ai.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR COMPLETE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DBEE, INC. AND ITS AFFILIATES, OFFICERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO DBEE, INC. FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

14. Term and termination

You may stop using the Service at any time. Organization owners may delete their organization in the product, which removes that organization's workspace data. We may suspend or terminate access if you breach these Terms, if required by law, or if we discontinue the Service.

Upon request, we will delete or de-identify customer account data, except records we must keep for billing, security, or legal purposes. Public professional data in the shared talent graph is not customer account data and may remain in the index. Provisions that by nature should survive (including IP, confidentiality, FCRA, indemnification, disclaimers, liability limits, and governing law) will survive.

15. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except where mandatory local consumer or data-protection law requires otherwise. The state and federal courts located in Delaware will have exclusive jurisdiction, except that we may seek injunctive relief in any court of competent jurisdiction.

16. Changes

We may modify these Terms by posting an updated version on this page. The effective date will change. Material changes apply going forward. We will provide additional notice of material changes where appropriate. If you do not agree, stop using the Service.

17. General

These Terms are the entire agreement between you and DBEE, Inc. for the Service, and supersede prior terms for the Service. If we enter a signed order or master agreement with you, that signed agreement controls if it conflicts with these Terms. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

18. Contact

Questions about these Terms: support@freshtalent.ai. Contracting entity: DBEE, Inc., doing business as FreshTalent.