Términos de servicio para organizaciones

Last Updated: March 2026

Version: 1.0

Important Notice: These Terms represent our standard commercial terms for the Talentapy platform. While we've worked to make them clear and fair, we recommend consulting with legal counsel before making critical business decisions based on these Terms. As Talentapy evolves, we will refine these Terms with specialized legal review to ensure they meet the highest standards for all jurisdictions we serve.

Introduction and Agreement
Definitions
Services and Access
Account Creation and Management
Subscription Plans and Credits
Fees and Payment Terms
Rights and Responsibilities
Intellectual Property and Data Ownership
Data Processing and Privacy
Confidentiality
Representations and Warranties
Limitation of Liability
Indemnification
Term and Termination
Modifications to Services and Terms
General Provisions
Governing Law and Jurisdiction

1. Introduction and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Talentapy, S.A.P.I. de C.V. ("Talentapy", "we", "us", or "our"), a Mexican corporation.

By accessing or using the Talentapy platform, registering for an account, or purchasing Services, you agree to be bound by these Terms, together with:

The Privacy Notice
Any applicable Order Form or subscription agreement
A Data Processing Agreement (if required for your jurisdiction or requested by you)

Collectively, these documents form the "Agreement".

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. References to "you" include both you as an individual and the organization you represent.

If you do not agree to these Terms, do not use the Services.

2. Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of voting securities or the power to direct management.

"Individual" means any person (whether job applicant, employee, or other person) whom you evaluate using Talentapy or who grants you access to their Talentapy profile.

"Individual Personal Data" means all personal information about an Individual, including:

Identification data (name, contact details, demographic information)
Professional data (job title, company, experience, CV/resume, compensation)
Evaluation results (assessment scores, interview responses, performance observations)
AI-generated insights and interpretations about that Individual
Any other data that identifies or relates to an identifiable Individual

Important: Individuals have rights over their Individual Personal Data under applicable data protection laws. You receive limited access rights to this data when Individuals participate in your evaluations or grant you access.

"Customer Data" means data you provide to Talentapy that is not Individual Personal Data, including:

Your organization's information (company name, size, industry)
User account information for your team members
Project names and organizational structures you create
Notes and tags you add that do not contain Individual Personal Data
Billing and payment information

"Talentapy Data" means data owned by Talentapy, including:

Anonymized and aggregated data that cannot identify specific Individuals
Benchmark data and industry insights
Platform usage analytics
Assessment methodologies and scoring algorithms
Any de-identified data derived from Individual Personal Data

"Credit" means a unit of account that enables one evaluation event for one Individual. A Credit is consumed when an Individual completes their first assessment (personality, leadership, or sales). Further defined in Section 5.

"Order Form" means any ordering document, quote, or subscription agreement specifying pricing, subscription term, and other commercial terms.

"Platform" means the Talentapy web-based and mobile platform for talent evaluation, development, and decision support.

"Services" means the Platform and all products, features, and services provided by Talentapy under this Agreement.

3. Services and Access

3.1 Grant of Access

Subject to your compliance with this Agreement and payment of applicable Fees, Talentapy grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes.

3.2 Services Description

The Services include:

Evaluation Tools:

Psychometric assessments (personality, leadership, sales, cognitive ability)
Video and audio interview tools
CV/resume upload and analysis
Third-party assessment report integration
Project and performance tracking

AI-Powered Insights:

AI-powered interpretation and consolidated insights
Talent profile access and management
Individual and team comparison reports
Benchmark analysis and market insights

Platform Features:

Assessment report generation, viewing, and downloading
Team analytics and collaboration tools
Integration capabilities with third-party systems
Support services as specified in your subscription plan

3.3 Service Levels

Service availability, uptime commitments, and support response times are as specified in your subscription plan. Talentapy will use commercially reasonable efforts to meet these service levels.

3.4 Modifications to Services

We reserve the right to modify, enhance, or discontinue any aspect of the Services. We will provide reasonable notice of material changes that negatively affect your use of the Services. Continued use after such notice constitutes acceptance of the changes.

3.5 Beta Features

We may offer access to beta, pilot, or preview features ("Beta Features"). Beta Features are provided "AS IS" without warranties and may be modified or discontinued at any time. We are not liable for any issues arising from Beta Features.

3.6 Use by Affiliates

With prior written approval, your Affiliates may access the Services under your account. You remain fully responsible for all Affiliate use and compliance with this Agreement.

4. Account Creation and Management

4.1 Account Registration

To use the Services, you must:

Provide accurate, complete, and current registration information
Designate an active business email as the account owner
Accept these Terms on behalf of your organization
Select an appropriate subscription plan

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activity occurring under your account
Restricting access to authorized users only
Immediately notifying us of any unauthorized access or security breach

Talentapy is not liable for losses arising from unauthorized account use.

4.3 User Management

You are responsible for:

Assigning appropriate user roles and permissions
Ensuring users comply with this Agreement
Managing Credit consumption and assessment invitations
Maintaining an accurate list of active users

4.4 Account Information

You agree to keep your account information (including billing details, company size, and contact information) accurate and current. Failure to do so may result in service interruption or termination.

5. Subscription Plans and Credits

5.1 Subscription Types and Tiers

Talentapy offers Credit-Based subscription plans with the following tiers:

Starter Plan:

25 credits per month
$190/month ($2,280 annually)
Additional credits (overage): $10 per credit

Growth Plan:

100 credits per month
$490/month ($5,880 annually)
Additional credits (overage): $7 per credit

Business Plan:

250 credits per month
$990/month ($11,880 annually)
Additional credits (overage): $5 per credit

Enterprise Plan:

250+ credits per month
Custom pricing
Custom overage rates
Tailored features and support

Volume Pricing: The price per credit decreases as you purchase higher volumes. See current pricing on our contact page or your Order Form.

5.2 How Credits Work

For Credit-Based Plans:

What is a Credit:

One credit enables one evaluation event for one Individual:

You invite the Individual to complete assessments through the Talentapy platform
The Individual can complete any or all assessments (Personality, Leadership, Sales) and video interviews
You can upload third-party assessment reports and additional evaluation materials
You receive a consolidated report with all evaluation data

When a Credit is Consumed:

✅ A Credit is consumed when an Individual completes their FIRST assessment (Personality, Leadership, or Sales)

If you only upload a CV without assessments → NO Credit consumed
If you invite an Individual but they never respond → NO Credit consumed
If an Individual completes only one assessment → 1 Credit consumed
If an Individual completes all three assessments → Still only 1 Credit consumed (same evaluation)
If you re-evaluate the same Individual later → New Credit consumed for the new evaluation

Important: One evaluation = One Credit, regardless of how many assessments the Individual completes during that evaluation period.

How Monthly Credit Renewal Works:

Talentapy operates on a monthly subscription model:

Each month you receive a new bundle of credits (25, 100, or 250 depending on your plan)
Credits can be used at any time within that monthly billing cycle
Unused credits expire at the end of each month and do not roll over

If You Run Out of Credits:

If you use all your credits before the month ends, you can:

Purchase additional credits at your plan's overage rate, or
Upgrade your plan for the next billing cycle

Credit Properties:

Credits are single-use and non-refundable
Credits expire at the end of each monthly billing cycle
Credits have no cash value
Credits cannot be transferred between organizations

5.3 Credit Management and Tracking

You are solely responsible for:

Monitoring your monthly Credit balance
Managing which users can initiate evaluations
Understanding that Credits expire at the end of each monthly billing cycle
Tracking evaluation activity to avoid running out of Credits
Purchasing overage credits or upgrading plans when needed

5.4 Credit Overage and Upgrades

Overage Credits: If you use all your monthly credits before the billing cycle ends, you can purchase additional credits at your plan's overage rate:

Starter Plan: $10 per additional credit
Growth Plan: $7 per additional credit
Business Plan: $5 per additional credit
Enterprise Plan: Custom overage pricing

Auto-Purchase (Optional): If enabled, Talentapy will automatically charge your payment method for overage credits when your monthly allocation is depleted. You can enable or disable this feature in your account settings.

Plan Upgrades: You may upgrade to a higher-tier plan at any time. Upgrades take effect immediately, and you will be charged the prorated difference for the remainder of the current billing cycle.

6. Fees and Payment Terms

6.1 Fees

You agree to pay all Fees according to your selected subscription plan as published on our contact page or as specified in your Order Form.

6.2 Payment Terms

Subscription Term: 12 months unless otherwise agreed
Payment Frequency: Annual in advance unless otherwise agreed in Order Form
Payment Methods: Credit card, wire transfer, or as otherwise agreed

6.3 Non-Refundable

All Fees are non-refundable except as expressly stated in this Agreement or required by law. Payment obligations are non-cancelable.

6.4 Invoicing and Payment Due Date

Credit Card: Charged automatically at plan start and each renewal
Invoice: Payment due within 20 calendar days of invoice date

6.5 Late Payment

Late payments are subject to:

Interest of 1.5% per month (or maximum allowed by law)
Suspension of Services after 30 days past due
Collection costs including attorney fees
No set-off or deduction is permitted

6.6 Taxes

All Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes. If required to withhold taxes, you must provide valid tax certificates and gross-up payments to ensure Talentapy receives the full Fee amount.

6.7 Price Increases

Talentapy may increase Fees for renewal terms with 60 days' prior notice. Continued use after the notice period constitutes acceptance. You may terminate before renewal to avoid increases.

6.8 Billing Disputes

You must notify Talentapy in writing within 10 days of invoice date to dispute charges. Undisputed amounts remain due.

7. Rights and Responsibilities

7.1 Permitted Use

You may use the Services only for:

Legitimate talent assessment and development purposes
Internal business operations
Compliance with all applicable laws and regulations

7.2 Prohibited Uses

You shall not:

Use Services for unlawful, discriminatory, or fraudulent purposes
Assess Individuals for positions that violate employment laws
Collect information that could be used to illegally discriminate
Share, resell, or redistribute the Services to third parties
Reverse engineer, decompile, or attempt to derive source code
Remove or modify proprietary notices or branding
Interfere with security mechanisms or Platform integrity
Use automated tools to scrape or access the Platform
Upload malicious code, viruses, or harmful content
Violate intellectual property rights of Talentapy or third parties

7.3 Assessment Content Restrictions

You may not:

Copy, reproduce, or distribute assessment questions or content
Share assessment materials outside your organization
Create derivative assessment tools based on Talentapy content
Disclose assessment scoring methodologies or algorithms

7.4 Compliance with Laws

You agree to comply with all applicable laws including:

Employment and labor laws
Data protection and privacy regulations (GDPR, LFPDPPP, etc.)
Anti-discrimination laws
Export control regulations

7.5 Account Suspension

Talentapy may suspend or terminate access immediately if:

You breach this Agreement
Your use threatens Platform security or availability
Legal or regulatory requirements mandate suspension
You fail to pay Fees when due
Account information is false or incomplete

No refunds will be provided for suspensions due to your breach.

8. Intellectual Property and Data Ownership

8.1 Talentapy Intellectual Property

Talentapy and its licensors own all rights, title, and interest in:

The Platform and Services
Assessment content, questions, and methodologies
Scoring algorithms and psychological models
AI models and interpretation engines
Talentapy brand, logos, and trademarks
Documentation and training materials
All enhancements, modifications, and derivative works

This Agreement grants no ownership rights. All rights not expressly granted are reserved by Talentapy.

8.2 Customer Data Ownership

You retain ownership of Customer Data. You grant Talentapy a limited license to:

Process Customer Data to provide the Services
Use Customer Data for platform operations and support
Create anonymized/aggregated Talentapy Data from Customer Data

This license terminates upon Agreement termination, subject to retention requirements.

8.3 Individual Personal Data and Organizational Access Rights

Individual-Controlled Data Model:

Talentapy operates on an individual-controlled data model where Individuals have rights over their personal assessment data and career profiles under applicable data protection laws.

Individual Rights and Control:

Individuals have rights over their personal information and assessment responses under applicable data protection laws (GDPR, LFPDPPP, CCPA, etc.)
Individuals control who can access their ongoing profile and updates
Individuals may stop sharing their profile with your organization at any time
Individuals' profiles persist independently of your organization

Your Access Rights:

When an Individual participates in your assessment process:

The Individual grants you access to their assessment results by completing your assessment or by explicitly granting you access to their existing profile
You may view, download, and export assessment reports while the Individual shares access with you
You receive real-time access to the Individual's profile updates while sharing is active
Downloaded reports become your business records, subject to your data retention policies and applicable law

Organizational Copies and Reports:

Reports you download are point-in-time snapshots of Individual data
You may retain these downloaded reports as business records per your policies and applicable law
Downloaded reports remain accessible to you even after the Individual stops sharing
You have limited access rights to the Individual's underlying profile data within Talentapy, but you retain your downloaded copies as business records

When Individuals Stop Sharing:

Individuals control their ongoing profile visibility:

Individuals may revoke your access to their live profile at any time through their account settings
When sharing stops, you retain previously downloaded reports but receive no further updates
You cannot access new assessments, updated skills, compensation changes, or career developments after sharing ends
The Individual's live profile within Talentapy remains their property and under their control

Example: You assess an Individual in January and download their report. In June, the Individual updates their profile with new certifications and revokes your access. You retain the January report, but you do not see the June updates or any future profile changes.

Deletion Requests:

Individuals may request deletion of their data from Talentapy at any time
Such requests do not affect reports you've already downloaded as business records
You must handle deletion requests for your organizational copies per your data retention policies and applicable law
Talentapy will delete the Individual's data from the Platform per the Privacy Notice

8.4 Talentapy Data Ownership

Talentapy owns all Talentapy Data, including:

Anonymized and aggregated assessment responses
Usage analytics and Platform performance data
Benchmark data and industry insights
De-identified talent trends and patterns

Talentapy may use Talentapy Data for any purpose including product development, research, industry benchmarking, AI model training, and marketing.

8.5 Feedback

Any suggestions, ideas, or feedback you provide about the Services become Talentapy's property. We may use feedback without obligation or compensation.

9. Data Processing and Privacy

9.1 Privacy Notice

Processing of personal data is governed by the Talentapy Privacy Notice, incorporated by reference.

9.2 Data Processing Agreement

Where you are a data controller and Talentapy is a data processor (e.g., when assessing your employees or candidates), a Data Processing Agreement (DPA) may be required under applicable data protection laws (GDPR, LFPDPPP, etc.). Upon your request or when required by law, Talentapy will execute a DPA containing standard contractual clauses and data processing terms.

9.3 Your Data Controller Obligations

When using Services to assess Individuals, you are responsible for providing required privacy notices, ensuring lawful basis for processing, honoring Individual rights requests, and complying with all applicable data protection laws.

9.4 Individual Consent and Assessment Participation

In Talentapy's individual-controlled model, Individuals provide consent directly by choosing to participate. When you invite Individuals, they choose whether to participate; by completing the assessment, they consent to share results with your organization. You must inform Individuals that assessment completion or granting access constitutes consent to share results, and ensure your use complies with employment and anti-discrimination laws.

9.5 Data Security

Talentapy implements appropriate technical and organizational measures to protect data as described in the Privacy Notice and Security Measures documentation.

9.6 Data Breach Notification

Talentapy will notify you of any data breach affecting Individual Personal Data in accordance with the Data Processing Agreement and applicable law.

10. Confidentiality

Each party agrees to protect the other's Confidential Information (including Customer Data, Individual Personal Data, platform technology, assessment methodologies, pricing) with at least the same care as own confidential information. Confidentiality obligations don't apply to publicly known information, independently developed information, or information that must be disclosed by law. Upon termination, each party will return or destroy the other's Confidential Information, except downloaded assessment reports which you may retain as business records.

11. Representations and Warranties

Each party warrants it has authority to enter into this Agreement and will comply with applicable laws. Talentapy warrants that Services will substantially conform to published descriptions, Luks Prisma assessments use validated psychometric methods, and Services will not knowingly contain malicious code. You warrant that Customer Data does not infringe third-party rights and your use complies with employment and anti-discrimination laws.

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. Talentapy disclaims all other warranties including merchantability, fitness for particular purpose, and non-infringement. Talentapy does not warrant that Services will meet your specific requirements, that assessment results guarantee hiring success, or that Individuals will continue sharing their profiles.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

Neither party shall be liable for lost profits, lost business opportunities, loss of data, indirect, incidental, special, consequential, or punitive damages. These limitations do not apply to payment obligations, breach of intellectual property or confidentiality, indemnification obligations, gross negligence or willful misconduct, or liabilities that cannot be limited by law.

Talentapy is not liable for hiring decisions you make, performance of hired Individuals, discrimination claims, integration failures, loss of access when Individuals revoke sharing, or service interruptions due to force majeure.

13. Indemnification

Talentapy will defend and indemnify you against third-party claims that Services infringe copyright, trademark, or patent. You will defend and indemnify Talentapy against claims arising from your breach of this Agreement, Customer Data, misuse of Services, infringement by Customer Data, unauthorized disclosure of assessment reports or Individual Personal Data, failure to comply with Individual data rights, or violation of employment or anti-discrimination laws.

14. Term and Termination

This Agreement begins when you accept these Terms or complete registration and continues for the initial subscription period (typically 12 months). It automatically renews for successive periods unless either party provides 30 days' notice of non-renewal. Either party may terminate for material breach that remains uncured after 30 days' notice. Talentapy may terminate immediately for non-payment, fraudulent use, or security threats. You may terminate with 30 days' notice; no refunds for early termination. Upon termination, you must pay outstanding Fees, cease use, and return Confidential Information. Assessment reports you downloaded remain your business records. Unused Credits are forfeited.

15. Modifications to Services and Terms

Talentapy may modify Services with reasonable notice of material changes. Talentapy may modify these Terms by posting updated Terms, emailing notice, or providing Platform notice. Material changes require 30 days' notice; continued use constitutes acceptance. Non-material changes are effective upon posting.

16. General Provisions

The parties are independent contractors. You may not assign this Agreement without Talentapy's consent. Neither party is liable for force majeure. Notices must be in writing. This Agreement constitutes the entire agreement. If any provision is unenforceable, it will be modified to the minimum extent necessary. Failure to enforce does not waive the right to enforce later. This Agreement is solely between you and Talentapy. You agree to comply with export laws. The Agreement is executed in English; the English version prevails in case of conflict.

17. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Mexico. The parties submit to the exclusive jurisdiction of the courts of Monterrey, Nuevo León, Mexico. Before initiating legal proceedings, the parties agree to attempt good-faith negotiations for 30 days.

Contact Information

For questions about these Terms:

Talentapy, S.A.P.I. de C.V.
Email: legal@talentapy.com
Support: support@talentapy.com
Website: https://talentapy.com

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.