THESE TERMS AND CONDITIONS ("Terms and Conditions") are made by EXPLORE & BEYOND INC., located at 19904 Dover, DE, 1111B S Governors Ave STE #6655, United States of America, on behalf of explore & beyond s.r.o., having its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, ID No. 09525602, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 337604 (hereinafter referred to as the "Company").

1. INTRODUCTORY PROVISIONS

1. 1 These Terms and Conditions regulate the rights and obligations of Users in relation to the talentpilot.com platform, i.e. the electronic online system created and owned by the Company, operated on the website at www.talentpilot.com ("Website"), through which the Company provides Services to Users ("Platform"), as well as other related legal relations.

1. 2 For the purposes of these Terms and Conditions, User means:

1. 2. 1 A legal entity or an individual entrepreneur who wishes to use the Services for the Organization ("Organization"); and

1. 3By agreeing to these Terms and Conditions (or by concluding a Framework Contract between the User and the Company pursuant to Article 4.4.1 of these Terms and Conditions), a contract between the User and the Company is concluded in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), in connection with the use of the Platform (the "Contract").

1. 4By using the Platform, the Website and/or concluding the Contract, the User agrees to these Terms and Conditions.

2. PLATFORM

2. 1 The Company is the operator of the Platform, through which Users can use the Services, in particular work-related analysis of individuals, to assess the potential, preferences, ambitions, motivations, skills, and competencies of individuals, their personality traits and work or value preferences,  and the subsequent development of soft skills potential and to assess the application of these aspects in the work environment and the possible interaction of these personality traits and work or value preferences in the context of the User's team (the "Team").

3. REGISTRATION OF THE USER

3. 1 If the Visitor registers on the Platform as an User, the completion of the registration on the Platform will result in the creation of an User account established for the purpose of using the Services for Users ("User Account") and the conclusion of the contract between the User and the Company pursuant to Section 1724 of the Civil Code. By completing the registration, the User agrees to these Terms and Conditions.

3. 2 The Company shall provide the following services to the User pursuant to the Contract (User "Services"):

3. 2. 1 Team Analysis. The User may analyze its Teams as part of using the User Services.

3. 2. 2 Recruitment of personnel. The User may use the Platform for comprehensive services in the area of candidate acquisition, evaluation of candidates’ experiences, skills and competencies and Team fit and position fit evaluation.

3. 3 The User’s account shall be self-administered by the User. Within the User Account, the User will have access to the analysis of its Teams, personnel and individual Candidates.

4. Conclusion of Framework Contracts with the User

4. 1 n the event that a Visitor wishes to register on the Platform as a User, the Visitor may request the Company to conclude a framework agreement under which rights and obligations are negotiated differently from these Terms and Conditions (the "Framework Contract").In the event that the User enters into a Framework Contract with the Company before registering on the Platform, a User Account will be created by the Company for the purpose of using the Platform and the User Services. Subsequently, within fourteen (14) days of the conclusion of the Framework Contract, the Company, with the User’s cooperation, shall create a User Account on the Platform. The Contract between the Company and the User is concluded only at the moment of creation of the User Account (unless otherwise provided in any Framework Contract).

4. 2 The Company concludes individual sub-contracts with the User under the Framework Contract ("Sub-contract"). 

4. 3 In the event that the User does not request the conclusion of the Framework Contract, an User Account will be created for the User upon completion of the registration on the Platform.

4. 4 After the User Account has been established, the User is entitled to use the User Services in the manner and under the conditions set out in the Framework Contract, Sub-Contracts and these Terms and Conditions.

4. 5 When registering on the Platform or when concluding a Framework Contract, the User chooses the model of cooperation (e.g. a subscription system, price per outcome system (i.e. prepaid usage time) etc.) that is specified in more detail in the Price List for Users as defined below. 

5. USER DECLARATION

5. 1 The User hereby represents and warrants to the Company that:

a)by concluding the Contract, Framework Contract and/or Sub-Contract, it does not violate any obligation or duty arising for it from an agreement to which it is a party and/or does not violate generally binding legal regulations of the state whose legal regulations are applicable to such contracts;

b)has all necessary rights, consents, licenses and permissions to all content it uploads or intends to upload on the Platform, including, but not limited to, copyright, trademark rights and any other third party rights. The User further guarantees that the uploading of such content to the Platform and its subsequent use on the Platform will not violate any third party rights or applicable law, including data protection laws;

c)is not bankrupt or threatened with bankruptcy, is not over-indebted, no petition has been filed against it for the commencement of insolvency or other similar proceedings, no action has been brought against the User, nor is it a party to any judicial, arbitration or administrative proceedings, investigations by law enforcement authorities or other proceedings conducted by state authorities or other administrative authorities that could be a partial or complete obstacle to the validity, effectiveness or enforceability of the Contract, the Framework Contract and/or the Sub-Contract or the User’s performance of the Contract, the Framework Contract and/or the Sub-Contract, nor is the User under any such proceedings or investigations;

d)there is no execution of any court decision or execution proceedings or other similar proceedings in relation to the User's property, and the User has not stopped payments or is not unable to repay his/her obligations.

6. FEES AND PAYMENT TERMS

6. 1The User undertakes to pay the Company a fee for the provision of User Services in the manner and in the amount specified in the price list for Users provided to the User by the Company ("Price List for Users"). The User acknowledges that all amounts in the Price List for Users are exclusive of VAT and that VAT will be added to the amounts invoiced by the Company to the User in the amount according to applicable law.

6. 2 The Company's remuneration is payable (i) on the basis of a proper tax document (invoice) issued by the Company, or (ii) online via debit or credit card payment. The invoice (regular tax receipt) is payable within fourteen (14) calendar days from the date of its delivery to the User. The Company shall deliver the invoice to the User within five (5) days from the date of the invoice, and the invoice may be delivered electronically by e-mail to the User's e-mail address provided during registration, or such other e-mail address provided by the User to the Company for this purpose. Failure of the User to pay an invoice to the Company shall be considered a material breach of the Contract.

6. 3 The Framework Contract may provide for a different amount of fees for User Services provided to Users within the Platform than those specified in the Price List for Users, as well as different payment terms.

7. LIMITATIONS AND EXCLUSIONS OF LIABILITY

7. 1 Each User uses the Platform and the Website at his/her own risk.

7. 2 The Company provides evaluations of candidates based on AI and behavioral analysis and the AI recruitment assistant agent “Alex”, however the Company does not guarantee the suitability of any candidate. The Company shall not be liable for any losses, damages, or claims arising from the hiring decisions made by the User, nor for any actions or omissions of employees hired based on Company’s evaluations.

7. 3 Access to the User Account or Profile is secured by a username and password. The User is required to maintain the confidentiality of the information necessary to access his/her User Account or Profile. The Company is not responsible for any misuse of the User Account or Profile by third parties.

7. 4 The Platform does not in any way allow the mediation of the opportunity to conclude an employment contract, an agreement for the performance of work, an agreement on work activity or the establishment of other similar cooperation. The Company does not intervene in any way in the relationship between the Users and the Candidates and is therefore shall not be liable for any delay or damage that may arise in or in connection with the contractual relationship between the Users and the Candidates.

7. 5 The User acknowledges that the Platform or its individual parts may not be available continuously, especially with regard to the necessary maintenance of the Company's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties providing the operation of the Platform. The Company shall not be liable for any damages that may arise as a result of the facts referred to in this paragraph. The Company shall inform the User of planned outages via the Platform. The Company shall not be liable for errors or failures in the connection between the Platform and third-party platforms.

7. 6 The company provides user support on standard weekdays between 9:00 and 18:00. However, it does not guarantee a minimum time interval for providing feedback.

7. 7 Due to the nature of e-mail communication, the Company is not responsible for the correct delivery of e-mail messages from/to its servers and from/to its network and is not responsible for any damage caused by an undelivered or lost e-mail message.

7. 8 The User bears full responsibility for his/her decision to use the Platform. The Company is not responsible for the consequences of the use/misuse of data by another User obtained by the User through the Platform, nor is it liable for any harm or loss that may be caused to a third party or another User based on or in connection with the use of the Platform. The Company shall also not be liable for any harm or loss that may be caused to the User by or in connection with the use of the Platform.

7. 9 All content of the Platform serves only as general information to Users and is not legal advice, health advice or any other form of professional advice. In particular, the Company is not responsible for the accuracy, completeness, timeliness or suitability of such informative content for any particular purpose. Information, analyses, opinions or other communications posted on the Platform must be assessed in relation to the time of their initial posting on the Platform. Users should not rely on such content as a substitute for professional advice. The Company shall not be liable for any act or omission arising out of the use of information available on the Platform, or for any consequential harm or loss that may arise as a result of reliance on such information.

7. 10 In no event shall the Company, its partners, or any other third parties mentioned on the Platform be liable for any damages of any kind (including, but not limited to, damages resulting from loss of profits, loss of data or business interruption) caused by the use, inability to use, or the results of the use of the Platform, any server linked to this Website, or the materials and information contained on any server or Website; whether based on warranty, contract, tort or any legal theory, and whether or not the Company has been advised of the possibility of such damages.

7. 11 The Company shall not be liable for any damage, whether direct or indirect, special or arising in connection with the use of the Platform, nor for damage arising from to partial or complete non-functionality of the portals administered by the Company. The Company is not responsible or liable for the truthfulness, content or form of advertising published on the Platform.

7. 12 The User is solely responsible for all content uploaded on the Platform and hereby represents and warrants that he/she has all necessary permissions, consents, licenses and any other necessary legal titles to upload such content, including, but not limited to, copyright, privacy rights and any other rights of third parties. The User agrees to indemnify, defend and hold harmless the Company and its employees, agents, agents and affiliates from and against any and all damages, losses, damages, costs, expenses (including reasonable attorneys' fees) and any claims, actions or legal proceedings that may arise from User’s uploading of content for which the User did not have the necessary rights, consents or legal authority, or that otherwise arise from the User's breach of these Terms and Conditions.

7. 13 In the event that, notwithstanding this clause, a competent authority determines that the Company is liable for any damage, cost or loss (including loss of income or profits, loss of goodwill or damage to reputation, loss of business opportunity, indirect financial loss or damages, loss of anticipated savings, increase in debt or non-reduction of debt, diminution in value of assets, special, incidental, punitive or consequential damages) (the "Harm") (with the exception of damage caused by gross negligence or intentionally, or damage to natural human rights), and is therefore obliged to compensate the User for such Harm caused by the Company's breach of its obligations, the Parties agree that such liability will be limited to (i) a maximum of 100% of the payments made to the Company by the User during the previous 12 months of the Contract in relation to one case of breach of duty and at the same time (ii) the Company‘s aggregate liability for any Harm as a result all possible breaches of obligations by the Company shall be limited to 100% of the payments made to the Company for the entire duration of the Contract. The Company shall not be obliged to compensate the User if the User has not made any payments to the Company for the use of the Platform or for the provision of the Services.

8. LICENSE AGREEMENT

8. 1 Based on the Contract and these Terms and Conditions, the Company provides the User with a non-exclusive, non-transferable, non-transferable, territorially unlimited license to use the Platform (the "License") for the duration of the Contract, subject to the following limitations:

a) The User is not entitled to alter or modify, copy or otherwise reproduce any part of the Platform, or to create any collective or derivative work from it;

b) The User is entitled to use the License for his/her personal purposes only;

c) The User is not entitled to assign, sub-license or otherwise dispose of the License without the Company‘s prior written consent.

8.2 By posting public content on the Platform, the User grants the Company a non-exclusive, but territorially, personally or otherwise not limited, sub-transferable license to use and deal with public content within any medium, including the right to modify public content, free of charge and for the duration of the author's proprietary rights to such public content. Within the scope of this license, the Company is entitled, in particular, to further publish and distribute public content and to further dispose of it in any way within the Platform's services, as well as outside of them.

8.3 The license granted by the User to the Company for public content does not terminate either by deleting the public content from the Platform or by terminating the User's registration, status or other termination of the User's use of the Platform. For the avoidance of doubt, this license shall not terminate until the expiration of the term for which the license was granted.

8.4 In the event that the User's rights to the public content do not allow the granting of a license to the extent provided for in the Article 8.1 of these Terms and Conditions, the license is granted to the Company in the fullest possible extent that the User would be entitled to grant under applicable law. In such a case, the User shall notify the Company of the relevant limitations of the granted license and shall be liable to the Company for all damage suffered by the Company as a result of the license not being granted to the extent provided for in Article 8.1 of these Terms and Conditions.

8.5 The User may not interfere in any way with the rights of other persons to the public content on the Platform, in particular the Company's rights to the content on the Platform, redistribute such public content or any part thereof or otherwise make it available to third parties without the express written consent of the Company or other authorised rights holder. The Company's consent for these purposes must include an express statement of the specific public content to which the consent relates and the terms of the consent.

8.6 The User may not modify or edit in any way any content on the Platform which, by the nature of the services in question, is not intended by the Company to be so edited. However, he is always entitled to ask the Company to correct the content he has uploaded if it does not correspond to reality.

8.7 The provisions of this Article 8 shall not apply with regard to personal data of the subjects and Users concerned, unless this is in accordance with the law and the rules on the treatment of personal data. Public Content may not contain personal data of third parties, unless the consent of the data subject is provided to the Company at the same time as it is uploaded to the server.

8.8 The Company may refuse to grant a License to a User or immediately withdraw from the Agreement, Framework Agreement and/or Sub-Agreement (if any) with a User whose activity falls at least partially into any of the following categories:

a) is in violation of the law of the Czech Republic or applicable international treaties;

b) is contrary to good morals or public order;

c) it is aimed at infringing intellectual property rights (in particular copyright, industrial or other related rights);

d) directly or indirectly infringes any rights of the Company or third parties;

e) causes an overload on the infrastructure or technical or software resources of the Company or other parties; or

f) Threatens the privacy or security of other systems or persons.

8.9 The Company may, in its sole discretion, further refuse or restrict the provision of the License to the User or immediately terminate the Agreement, the Master Agreement and/or the Sub-Agreement (if any) with the User in the event that the User breaches any of their provisions.

8.10 The User is not entitled to store or share data (files) of which he is not the author and does not have the written consent of the author or the owner of the rights to them. The Company shall be entitled to request written confirmation from the User that he is authorised to do so in the event of a suspected violation of this prohibition. The User shall provide such confirmation to the Company without undue delay. If the User fails to provide such confirmation, the Company is entitled to restrict, suspend or delete the disputed data (files). The decision on the compliance of the use of the Platform and these Terms and Conditions is at the sole discretion of the Company.

8.11 The User shall be fully liable for any damage caused by his/her actions in violation of these Terms and Conditions and the law of the Czech Republic to the Company, other Users of the Platform and/or third parties. This liability cannot be waived.

9. OTHER INTELLECTUAL PROPERTY RIGHTS

9. 1 All intellectual property rights relating to the Platform and all parts and copies thereof shall remain the exclusive property of the Company and/or its subcontractors/licensors. Intellectual Property Rights means, without limitation, copyright and related rights (including rights in databases, catalogues and photographs), patents, utility models, design rights, trademarks, trade marks, trade secrets, know-how and any other forms of registered and unregistered intellectual property rights.

9. 2 No intellectual property rights relating to the Platform (other than the Licence) are granted to the User under the Agreement, the Framework Agreement, the Sub-Agreements and/or these Terms and Conditions; the Company reserves all rights not expressly granted under these Terms and Conditions.

9. 3 The Company does not claim ownership or any rights in any output generated by the Platform. The User is entitled to use such outputs in accordance with applicable law, but only at any time within the scope of the Licence granted. The User shall ensure that all use of such outputs is in accordance with the terms of the License and does not violate the rights of third parties or any applicable law.

9. 4 The Company hereby represents that it is not aware of any infringement of any third party intellectual property rights in the operation of the Platform, including but not limited to copyrights, patents, trademarks, trade secrets and database rights, and that all content, software, technology, databases and other materials used in connection with the operation of the Platform are, to the best of the Company's knowledge, obtained and will be obtained, licensed or otherwise used in accordance with applicable intellectual property laws.

10. DURATION AND TERMINATION OF THE CONTRACT

10. 1The Contract with the Organization shall be concluded for a fixed term, in each case for the duration of the subscription, provided that the validity and effectiveness of the Contract with the Organization shall be extended for further periods of a length corresponding to the agreed subscription, unless one of the Parties notifies the other Party in the manner and under the conditions set out below in this Article of the Terms and Conditions that it is not interested in continuing the Contract with the Organization, whereupon:The Contract with the User is concluded for a definite period of time, always for the duration of the subscription, with the validity and effectiveness of the Contract with the User being extended for another period in the length corresponding to the agreed subscription, unless one of the contracting parties notifies the other in the manner and under the conditions set out below in this Article of the Terms and Conditions that it is not interested in continuing the Contract with the User, whereas:

10. 1. 1each contracting party shall send the other party a written termination of the Contract with the User no later than one (1) day before the end of the subscription period;

10. 1. 2The User is obliged to send the Company a written termination of the Contract with the User electronically by e-mail to the Company’s e-mail address hello@talentpilot.com, or to another e-mail address provided by the Company to the User for this purpose; and

10. 1. 3The CompanyThe Company is obliged to send the User a written termination of the Contract with the User to the User's registered office address, or electronically by e-mail to the User's e-mail address provided during registration, or to any other e-mail address provided by the User to the Company for this purpose. 

10. 2The Company is entitled to withdraw from the Contract at any time and immediately due to the User's breach of obligations arising from the Contract and these Terms and Conditions. Immediate termination means the cancellation of the User Account or Profile and preventing the User from accessing the Platform. This is without prejudice to the Company's right to compensation for damages.

11. PROTECTION OF PERSONAL DATA AND DATA

11. 1The User declares that he/she has read  https://www.talentpilot.com/privacy-policy agrees to the privacy policy published on the Website at https://www.talentpilot.com/privacy-policy.

12. USE OF ARTIFICIAL INTELLIGENCE SYSTEM

12. 1The Company is the operator of the Website.By using the Platform, the User acknowledges and agrees that certain decisions or assistance in decision-making related to the User may be made through a high-risk AI system as defined under the EU Artificial Intelligence Act. The User is hereby informed that they might be subject to the use of such high-risk AI systems within the Platform and that the AI systems are implemented in accordance with applicable laws and regulations. The User may request further information regarding the role of AI in decision-making within the Services.

12. 2The User may utilize the AI-driven screening tool to analyze their internal Candidate database. The AI system reviews profiles and evaluates Candidates; however, final hiring decisions remain solely at the discretion of the User. The Company bears no liability for any hiring decisions made based on AI-generated evaluations.

13. TERMS OF USE OF THE WEBSITE

13. 1The operator of the Website is the Company.

13. 2ThIt is not permitted to use the Website, or any part thereof, other than for one's own use, without the prior written consent of the Company.

13. 3The User hereWithout the prior written consent of the Company, it is not allowed to interfere in any way with the content or technical substance of the Website. Only the Company has the right to decide on changes, deletions or additions to the Website or any part thereof.

13. 4The publication of any data or information on the Website, with the exception of these Terms and Conditions, does not have the character of any legal action aimed at establishing a legal relationship between the Company and the User, unless otherwise expressly stated in individual cases.

13. 5With regard to the Company's liability for the use of the Website, the provisions of Article 7 of these Terms and Conditions shall apply.

13. 6The Company may take some of the information published on the Website from other sources.

14. FINAL PROVISIONS

14. 1The User hereby agrees that the Company may use the User's name, logos or trademarks for marketing, promotional and other related purposes.

14. 2These Terms and Conditions are an integral part of the Contract, unless the Framework Contract, if concluded, provides otherwise. In the event of a conflict between the Framework Contract and the provisions of these Terms and Conditions, the wording of the Framework Contract shall prevail over the wording of these Terms and Conditions.

14. 3No secondary oral agreements may amend or supplement the Contract. The Contract may only be amended by agreement of the parties in writing.

14. 4TThese Terms and Conditions are effective from 2.6.2025 and are available electronically on the Website.

14. 5These Terms and Conditions, Contracts, Framework Contracts and legal relationships arising therefrom are governed by the law of the Czech Republic.

14. 6The Parties acknowledge that provisions of Sections 2389a to Section 2389u of Civil Code do not apply.

14. 7Disputes between the User and the Company arising from or in connection with the Contract shall be resolved by the general court of the Company within the meaning of Section 89 of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended.

14. 8The User assumes the risk of a change of circumstances and therefore cannot claim any rights based on any change in such circumstances.

14. 9The Company is entitled to unilaterally change these Terms and Conditions. The Company shall notify the User of any change to the Terms and Conditions at least 30 days prior to its effective date by sending a notice to the User's e-mail address or otherwise displayed on the Website or the Platform. If the User does not agree with such a change, the User may withdraw from the relevant Contract with effect from the effective date of the announced changes by cancelling his/her User Account or Profile. In the event of termination of the Contract and cancellation of the User Account, the User is not entitled to a refund of the already paid fees (see Art. 6, Fees and Payment Terms). Provided that the User does not cancel his/her User Account or Profile before the effective date of this change to the Terms and Conditions, he/she shall be deemed to have accepted the change.

14. 10If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Contract, the Framework Contract and/or the Sub-Contracts or these Terms and Conditions shall be made in writing.

14. 11In the event of any differences between the language versions of these Terms and Conditions, the English language version shall prevail.