Terms of Service

Welcome to TopTalent LIVE DRAFT™, operated by Top Talent Management Group ("TopTalent", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our websites, applications, evaluations, and related services (collectively, the "Services"). By creating an account, submitting a brief, or otherwise using the Services, you agree to be bound by these Terms.

If you do not agree, do not use the Services.

1. Eligibility

You must be at least eighteen (18) years old and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

2. Accounts and Roles

The Services support multiple roles, including candidates, recruiters, evaluators, and administrators. The features available to you depend on the role assigned to your account.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access. We may suspend or terminate accounts that we believe, in our reasonable discretion, have been compromised, misused, or used in violation of these Terms.

3. The Executive Combine and PRILY™ Evaluations

Candidates may apply to be evaluated under the proprietary PRILY™ rubric (Performance, Revenue Impact, Industry Knowledge, Leadership, Years of Expertise). Evaluations are produced by trained evaluators based on recorded sessions, materials you provide, and other inputs. Scores, rankings, and tier placements are opinions reflecting our methodology at a point in time, and do not guarantee employment, interviews, compensation, or any other outcome.

By submitting materials for evaluation, you grant TopTalent a non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, display, and analyze those materials for the purpose of operating the Services, conducting evaluations, presenting your profile to recruiters, and improving our methodology.

4. Recruiter Briefs and Outreach

Recruiters may submit briefs describing open executive roles. By submitting a brief, you represent that you are authorized to act on behalf of the hiring organization and that the information provided is accurate. We may share briefs with internal staff, evaluators, and — where relevant — candidates whose profiles match the brief.

TopTalent is not an employment agency, employer, or staffing firm. We do not guarantee that any candidate will accept, qualify for, or perform in any role.

5. Acceptable Use

You agree not to:

• Misrepresent your identity, credentials, employment history, or authority to act on behalf of any organization;
• Use the Services to harass, defame, or discriminate against any person;
• Scrape, copy, or republish candidate profiles, rankings, or evaluations outside the Services;
• Attempt to interfere with the Services, including probing, scanning, or testing the vulnerability of any system;
• Use the Services to violate any law, regulation, or third-party right.

6. Intellectual Property

The Services, including all content, design, software, and the marks TopTalent™, LIVE DRAFT™, EXECUTIVE COMBINE™, PRILY™, and Illuminate Greatness, are owned by TopTalent or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

7. Fees

Certain features (including evaluations and recruiter access) may require payment of fees. Applicable fees, billing terms, and refund policies will be disclosed at the point of purchase. Fees are exclusive of taxes unless stated otherwise.

8. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that we will process information about you as described there.

9. Termination

You may close your account at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or for any other reason at our reasonable discretion. Sections that by their nature should survive termination will survive (including ownership, disclaimers, indemnities, and limitations of liability).

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT EVALUATIONS, RANKINGS, OR INTRODUCTIONS WILL LEAD TO ANY PARTICULAR OUTCOME.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOPTALENT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You will defend, indemnify, and hold harmless TopTalent and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any law or third-party right.

13. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Top Talent Management Group is incorporated, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in that jurisdiction, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or through the Services). Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of those changes.

15. Contact

Questions about these Terms? Contact us at legal@toptalent.example.