Terms and Conditions

Talent PreCheck is a secure, enterprise-grade platform provided by Unique ERP Inc. (doing business as Talent PreCheck, "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our platform, which is exclusively available to organizations for hosting and managing employee data for employment verification and moonlighting monitoring. By accessing or using the Talent PreCheck platform (the "Platform"), you agree to these Terms in full. If you do not agree with any part of these Terms, you must not use the Platform.

1. Definitions

2. Eligibility and Access

2.1 Organizational Use:

• The Platform is intended solely for organizational use. Individual or personal access is strictly prohibited.

• By registering, you confirm that you are an authorized representative of a legally registered organization and have the authority to bind your organization to these Terms.

2.2 Registration:

• Organizations must provide accurate and complete information during registration.

• Access to the Platform is granted only after verification and approval by our compliance team.

3. Use of the Platform

3.1 Purpose:

• The Platform is designed to serve as an extension of your organization's Human Resources (HR) system, enabling:

• Instant employment verification.

• Moonlighting monitoring in accordance with your internal policies.

• Data-driven collaboration with authorized third parties.

3.2 Data Consistency:

• All data hosted on the Platform is a mirror of the information maintained in your organization’s HR system.

• Any modifications or updates to employee data must be performed directly within your HR system.

3.3 Prohibited Uses:

• Users may not use the Platform for any purpose other than for employment verification and moonlighting monitoring.

• Unauthorized access, distribution, or sharing of data is strictly prohibited.

4. Fees, Payments, and Refunds

4.1 Pricing:

• Talent PreCheck offers a combination of free and paid features. Details of the pricing structure are provided on our website.

• Fees for specific services (e.g., employment verifications, Offers PreCheck) are clearly stated, and charges apply only when those services are used.

4.2 Payment Terms:

• All payments are due in accordance with the billing cycle specified at the time of purchase.

• Payments must be made using the accepted payment methods as outlined on the Platform.

4.3 Refund Policy:

• Payments for services are non-refundable unless the Platform fails to provide the purchased service due to a technical error, or as otherwise required by applicable law.

• Refund requests must be submitted in writing to support@talentprecheck.com and will be reviewed within 14 business days.

4.4 Earnings from Data Contributions:

• Organizations contributing data may earn revenue based on employment verification transactions processed through the Platform.

• Earnings are calculated quarterly, subject to a minimum payout threshold of USD 1,000, and are paid using the payment method linked to the organization’s account.

• The Organization's responsible for ensuring compliance with applicable tax obligations related to such earnings.

5. Data Privacy and Security

5.1 Data Collection:

• As described in our Privacy Policy, we collect data provided by Organizations, including Employee, Organizational, and Usage Data.

• All collected data is used solely to facilitate employment verification, monitor moonlighting, and maintain Platform operations.

5.2 Data Security:

• The Platform is hosted on Zoho’s secure, cloud-based infrastructure, which meets global security standards (e.g., SOC2, ISO 27001).

• All data is encrypted in transit and at rest using industry-standard encryption protocols.

• Data access is controlled through role-based access controls, multi-factor authentication (MFA), and other security measures.

5.3 Data Sharing:

• Data is shared only with authorized third parties for legitimate business purposes (e.g., employment verification).

• Without explicit consent, we will not use your data for marketing, promotional, or any other unrelated purposes.

5.4 No Direct Employee/Contractor Access:

• The Platform is not accessible to individual employees or contractors. All data changes must be performed in the Organization’s HR system.

• The Platform serves only as an extension of the Organization’s HR system for the purposes stated herein.

6. Moonlighting Monitoring

6.1 Policy Requirement:

• Organizations using the Platform must include a moonlighting clause in their employment or contractor agreements.

• Such agreements should notify employees or contractors that the Organization will monitor dual employment activities using the Platform.

6.2 Consent and Enforcement:

• By entering into an employment or contractor agreement with an Organization using Talent PreCheck, employees and contractors consent to the monitoring of moonlighting activities.

• Organizations may take appropriate action based on the insights provided by the Platform, in accordance with their internal policies and applicable laws.

8. Intellectual Property

8.1 Ownership:

• Talent PreCheck or its licensors own all content, software, documentation, and materials on the Platform.

• You are granted a limited, non-exclusive license to use the Platform solely for its intended purposes.

8.2 Restrictions:

• You may not modify, copy, distribute, or create derivative works based on the Platform’s content without our prior written consent.

9. Limitation of Liability

9.1 Disclaimer:

• The Platform is provided on an "as-is" and "as available" basis without warranties of any kind, either express or implied.

• Talent PreCheck does not guarantee uninterrupted or error-free operation of the Platform.

9.2 Liability Limit:

• In no event shall Talent PreCheck or Unique ERP Inc. be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform.

• Our maximum aggregate liability under these Terms shall not exceed the total fees you paid to the Platform in the six months preceding the claim.

10. Termination

10.1 Termination by Us:

• We reserve the right to suspend or terminate your access to the Platform at any time, especially if you do not comply with these Terms.

10.2 Termination by You:

• Organizations may terminate their use of the Platform by providing written notice to us.

• Termination does not relieve you of any payment obligations incurred prior to termination.

11. Governing Law and Dispute Resolution

11.1 Governing Law:

• These Terms shall be governed by and construed in accordance with the laws of the United States and the state of [Insert State], without regard to its conflict of laws principles.

11.2 Dispute Resolution:

• Any disputes arising out of or related to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

12. Amendments

12.1 Modification of Terms:

• Talent PreCheck reserves the right to modify or update these Terms at any time.

• We will provide notice of significant changes via email or through the Platform. Continued use of the Platform after such changes constitutes acceptance of the updated Terms.

13. Contact Information

For questions, concerns, or support regarding these Terms, please contact us at:

• Email: support@talentprecheck.com

• Mailing Address: 5900 Balcones Drive # 23863, Austin, Texas 78731 United States

By accessing or using the Talent PreCheck Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.