Terms of Service

02Definitions

03Account Registration and Use

3.1. Eligibility and General Conditions

• Candidates must be at least 15 years of age. Users aged 15 to under 18 require consent from a parent or legal guardian in accordance with applicable laws.
• Employers must be legally established organizations or duly authorized individuals with bona fide hiring needs.
• Each User is solely responsible for maintaining the confidentiality of credentials and for all activities conducted under their account.

3.2. Prohibited Conduct

Users expressly agree not to:

• Provide false, misleading, or deceptive information, or impersonate any person or entity
• Use the Service for fraudulent recruitment, illegal multi-level marketing, suspicious high-salary schemes, or unlawful asset appropriation
• Harvest, scrape, crawl, or extract profile or job data using automated tools (bots, crawlers, scrapers) without prior written consent from TMI
• Use data accessed on the Platform for purposes unrelated to recruitment (commercial advertising, product pitching, data resale, spamming)
• Operate multiple accounts to manipulate AI evaluation scores or search ranking algorithms
• Post content that violates laws, infringes third-party intellectual property rights, promotes discrimination, or is defamatory, obscene, or contrary to public morals
• Attack, probe, disrupt, overload, or compromise system infrastructure or security mechanisms

X-Talent reserves the right to issue warnings, restrict features, temporarily suspend, or terminate accounts upon detecting violations, without obligation to refund fees in cases of material breach.

04Candidate Profiles and Visibility

4.1. Visibility Modes

• Public Mode: Profiles can be searched and viewed by verified Employers on the Platform, facilitating proactive job opportunities.
• Private Mode: Profiles do not appear in Employer search results and are only accessible by Employers when the Candidate actively submits an application.

4.2. Sharing AI Assessment Results

AI interview practice results and scores are private by default. They are only shared with Employers when the Candidate explicitly chooses to attach them to job applications or enables public sharing.

4.3. Profile Content Responsibility

Candidates bear full legal responsibility for the veracity and legality of their profile details and uploaded materials. X-Talent disclaims liability for damages arising from inaccurate information or third-party rights infringement by Candidates.

05Job Postings and Application Workflows

5.1. Employer Obligations

Employers warrant and commit that:

• Job postings reflect genuine recruitment needs, accurately describing position requirements, compensation, location, and working conditions
• No fees are collected from Candidates under any designation (application fees, training fees, uniform deposits, or collateral)
• No original personal identity documents, bank accounts, passwords, or sensitive non-recruitment data are demanded from Candidates
• Postings do not contain discriminatory criteria regarding gender, ethnicity, religion, marital status, or disability contrary to labor regulations
• Candidate personal data is processed strictly for recruitment purposes in compliance with data protection laws, with the Employer acting as an independent Data Controller

5.2. Intermediary Role of X-Talent

X-Talent operates as an information connection platform. It is not an employer, employment broker, or party to any employment relationship between Candidates and Employers.

X-Talent makes no warranties and accepts no liability regarding:

• The accuracy, completeness, or legality of job postings published by Employers
• Hiring decisions, compensation, workplace conditions, or conduct of Employers
• The truthfulness or integrity of information provided by Candidates
• Any agreements, disputes, or liabilities arising between Candidates and Employers

5.3. Content Moderation

X-Talent reserves the right (without assumption of obligation) to review, edit, temporarily conceal, or remove job listings and candidate profiles exhibiting signs of non-compliance, misconduct, or safety risks.

5.4. Fraud Warning

Users are advised to remain vigilant against indicators such as: upfront payment demands, abnormally high compensation inconsistent with job descriptions, interviews conducted exclusively via informal messaging apps, or requests to download external software. Please report irregularities immediately to contact@x-talent.vn.

06Nature of AI Services and Disclaimers

6.1. Advisory and Reference Nature

X-Talent's AI simulated interview feature, automated candidate screening, scoring, and evaluations are computer-generated models designed strictly for preparation, practice, and reference purposes.

AI Results do not constitute professional advice, legal certifications, or guarantees of hiring outcomes. Hiring decisions remain the sole discretion and responsibility of Employers.

6.2. Disclaimer of Warranties

The Service and AI Results are provided on an "as is" and "as available" basis. X-Talent does not warrant that:

• Candidates will secure employment or pass real-world interviews
• AI evaluation outcomes are completely error-free, unbiased, or absolutely precise
• Platform operations will be completely uninterrupted, timely, or error-free
• Specific volume or quality levels of job postings or candidate profiles will be sustained

6.3. Inherent Limitations of AI Technology

Users acknowledge that artificial intelligence models may produce unexpected, inaccurate, or imperfect outputs due to linguistic diversity, accents, phrasing variations, ambient noise, or internet connectivity. Users agree to apply personal discernment when reviewing AI outputs.

07Intellectual Property Rights

7.1. Proprietary Assets of X-Talent

All platform architectures, source code, algorithms, evaluation models, question repositories, training content, interfaces, trademarks, and logos of X-Talent are the exclusive proprietary property of TMI Joint Stock Company.

Users may not copy, commercially exploit, reverse-engineer, decompile, redistribute, or create derivative works from the Platform without prior written authorization.

7.2. User Content

Users retain ownership of User Content they provide. Concurrently, Users grant X-Talent a non-exclusive, transferable (to infrastructure partners), royalty-free license to the extent necessary to:

• Operate and provide the Service (profile display, recruitment matching, generating AI Results)
• Perform aggregated and anonymized analysis to refine AI models and research labor market trends

Users retain the right to opt out of having their data utilized for AI model training via account settings or by submitting a request to contact@x-talent.vn. Opting out will not affect access to core Service capabilities.

08Service Packages, Payments, and Service Conversion

8.1. Service Packages

X-Talent provides complimentary packages and paid tiers (pay-per-use credits or recurring subscriptions) for both Candidates and Employers. Inclusions, quotas, and pricing are published on the official pricing page.

8.2. Payment

• Prices are displayed inclusive or exclusive of VAT as specified at the time of checkout.
• For recurring subscription packages, Users are notified in advance and may cancel auto-renewal at any time prior to the next billing cycle.

8.3. Service Conversion Policy in Lieu of Cash Refunds

8.3.1. General Principle

Fees paid for services are non-refundable in cash or bank transfer. Instead, Users are eligible to convert unused values into usage credits or extended subscription durations for alternative active services on the Platform, proportionate to the unutilized portion.

8.3.2. Eligible Cases for Conversion

• Critical system outages preventing Users from accessing paid features for substantial durations
• Service deliverable discrepancies from specifications published at purchase time
• User requests to transition to an alternative, more suitable service package
• Accounts affected by X-Talent discontinuing, narrowing, or modifying specific features

8.3.3. Principles of Conversion Valuation

• Converted value is calculated based on remaining unused credits or time balance against published rate cards at purchase time
• Converted value is credited as platform usage credits or balance valid for 12 months from issuance
• Converted balance cannot be exchanged for cash, transferred across separate accounts, or withdrawn from the Platform
• Conversion requests submitted through the system are evaluated and processed within 10 business days

8.3.4. Ineligible Cases for Conversion

• Users who have fully exhausted quotas or reached the expiration of their service tier
• Accounts terminated as a consequence of material terms violations (under Section 3.2)
• Change of mind after using the service where X-Talent is not at fault

8.3.5. Statutory Exceptions for Cash Refunds

The conversion policy under Section 8.3 shall not apply, and X-Talent will provide monetary refunds in the following instances:

• Billing errors, duplicate transactions, or multiple charges for a single order: X-Talent promptly refunds overbilled sums
• Complete discontinuation of the Service by X-Talent rendering conversion to alternative features impossible (under Section 11)
• Mandatory cases required under applicable consumer protection legislation

8.4. Pricing and Feature Modifications

X-Talent reserves the right to modify prices, feature matrices, and plan structures upon at least 30 days prior notice via email or platform announcements. Users within an active prepaid billing cycle will retain existing rights until that billing cycle concludes.

09Limitation of Liability

To the fullest extent permitted by applicable law:

• X-Talent shall not be liable for indirect, incidental, consequential, punitive, or special damages, lost job opportunities, anticipated profits, or data loss not caused by X-Talent's fault.
• X-Talent's total aggregate liability arising out of or relating to the Service shall not exceed the total fees actually paid by the User for the Service in the 03 months immediately preceding the event giving rise to liability.
• The foregoing limitations do not apply to damages caused by intentional misconduct or fraud by X-Talent, or where liability cannot be lawfully limited.

10Indemnification

Users agree to indemnify and hold harmless X-Talent against all third-party claims, liabilities, damages, and actual costs arising from the User's breach of these Terms, violation of applicable laws, or infringement of third-party rights.

Users submitting false or defamatory complaints against other Users bear personal legal liability and must compensate actual damages caused to both the affected party and X-Talent.

11Service Suspension and Termination

• X-Talent may temporarily suspend the Service for maintenance, upgrades, or incident mitigation, with advance notice whenever practicable.
• X-Talent may modify or discontinue part or all of the Service upon at least 30 days prior notice.
• In case of partial discontinuation, Users with unexpired paid terms may convert unutilized value to other active platform services pursuant to Section 8.3.
• In case of complete platform discontinuation, where conversion is impossible, Users receive pro-rata refunds for unused durations or quotas.
• Users may terminate Service usage at any time by deleting their account.

12Force Majeure

X-Talent shall not be held liable for delay or failure in performing obligations caused by events beyond reasonable control, including natural disasters, epidemics, armed conflicts, strikes, telecommunication network failures, major cyberattacks, statutory changes, or outages originating from third-party AI or cloud hosting providers.

13Amendments to Terms

X-Talent may amend these Terms. For substantial modifications impacting User rights, notification will be provided at least 15 days in advance via registered email or platform alerts.

Continued use of the Service following the effective date of amended Terms constitutes acceptance thereof. Users dissenting from amendments retain the right to terminate use and seek conversion of unutilized paid values under Section 8.3.

14Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam.

Disputes shall first be addressed through good-faith negotiation and mediation within 30 days. If an amicable settlement cannot be reached, the dispute shall be submitted to the competent People's Court in Vietnam for resolution.

Nothing in these Terms restricts consumer rights to lodge complaints with consumer protection agencies under applicable law.

15Severability

If any provision of these Terms is determined by a competent authority to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

16Contact Information

• Operating Entity: TMI Joint Stock Company
• Address: 21st Floor, VIWASEEN Tower, 48 To Huu, Dai Mo Ward, Hanoi City, Vietnam.
• Enterprise Code: 0109904638
• Contact Email: contact@x-talent.vn
• Website: https://x-talent.vn
• Effective Date: 01/01/2026