Terms of Service

1. Agreement to These Terms

Welcome to XALÉ ("XALÉ," "we," "us," or "our").

These Terms of Service ("Terms") govern your access to and use of the XALÉ website, platform, applications, and related services (collectively, the "Platform").

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use XALÉ.

2. Description of the Platform

XALÉ is a video-first professional signal platform that enables:

• Candidates to create professional profiles that may include video, photos, resumes, and written responses.
• Recruiters to build talent pools and collect candidate introductions.
• Employers to post job opportunities and review applicants.

XALÉ is not an employer, recruiter, or staffing agency. We do not guarantee interviews, job offers, or hiring outcomes.

3. Eligibility

You must be at least 18 years old to use the Platform.

By using XALÉ, you represent and warrant that:

• You are legally able to enter into this agreement.
• All information you provide is accurate and truthful.
• You will comply with all applicable laws.

4. User Accounts

To access core features, users must create an account. You agree to:

• Provide accurate and complete information.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of unauthorized account use.

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Content (Profiles, Videos, Resumes, Photos)

Users may upload and share content, including intro videos, profile photos, resumes, written responses, job postings, and other professional materials.

Ownership

You retain ownership of the content you upload.

License to XALÉ

By uploading content, you grant XALÉ a non-exclusive, worldwide, royalty-free license to:

• Host and store your content.
• Display your content on the Platform.
• Share your content with recruiters or employers as intended through Platform features.
• Process and analyze content to provide and improve services.

This license exists solely for operating and improving the Platform.

Your Responsibilities

You represent and warrant that:

• You have the legal right to upload the content.
• Your content does not infringe on intellectual property rights.
• Your content does not contain unlawful, abusive, discriminatory, or misleading material.

We may remove content that violates these Terms.

6. Candidate-Specific Terms

Candidates acknowledge:

• Creating a profile does not guarantee review, outreach, or employment.
• Recruiters and employers independently determine whether to contact candidates.
• XALÉ does not screen or endorse employers.

7. Recruiter and Employer Responsibilities

Recruiters and employers agree to:

• Use candidate information solely for legitimate hiring purposes.
• Comply with all applicable employment, privacy, and anti-discrimination laws.
• Not resell, scrape, or misuse candidate data.
• Not download or distribute candidate content outside the intended hiring context without permission.

Misuse of candidate information may result in immediate termination.

8. Prohibited Conduct

You agree not to:

• Post false, misleading, or fraudulent information.
• Impersonate another individual or company.
• Harass, discriminate against, or exploit other users.
• Attempt to access accounts or data without authorization.
• Reverse engineer, copy, or exploit the Platform's software or design.
• Use automated scraping tools without permission.

We reserve the right to remove content or restrict access at our discretion.

9. Privacy

Your use of XALÉ is also governed by our Privacy Policy. Because users upload personal data (including videos and resumes), we process information as described in our Privacy Policy, including:

• Identity data
• Professional information
• Uploaded media content

We implement reasonable security safeguards but cannot guarantee absolute security.

10. Intellectual Property

All Platform materials — including branding, design, software, and functionality — are owned by XALÉ and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without written permission.

11. Platform Availability

The Platform is provided on an "as is" and "as available" basis. We do not guarantee:

• Continuous availability
• Error-free performance
• Compatibility with all devices

We may modify or discontinue features at any time.

12. Disclaimer of Warranties

To the maximum extent permitted by law, XALÉ disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

We do not guarantee employment outcomes or hiring success.

13. Limitation of Liability

To the fullest extent permitted by law, XALÉ shall not be liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of employment opportunities
• Decisions made by recruiters or employers
• User-generated content posted by others

Our total liability shall not exceed the greater of $100, or the amount you paid to XALÉ in the previous 12 months.

14. Termination

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or harmful conduct
• Misuse user data

You may delete your account at any time. Certain provisions (including liability and IP sections) survive termination.

15. Changes to These Terms

We may update these Terms periodically. We will update the "Last Updated" date. Continued use of the Platform constitutes acceptance of revised Terms.

16. Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in San Joaquin, CA.

17. Contact Information

If you have questions about these Terms:

XALÉ
support@xale.pro