AITACS Talent — Legal Documentation

Terms of Service

Effective Date: 2026-07-13 · Last Updated: 2026-07-13 · Version: 0.2-draft · Provider: Artem Chukov, Israel

Israeli Privacy Law EU AI Act NYC LL144

1. Definitions

"Platform" — the AITACS Talent web application, API, and related services (recruiting calendar, candidate CRM, AI screening assistant), available at aitacscrm.app/talent.

"Provider" / "We" — Artem Chukov, sole proprietor, registered in the State of Israel (עוסק פטור 345086623). Contact: talent@aitacscrm.app.

"Recruiter" / "User" — the natural or legal person who registers for an account and uses the Platform to manage vacancies, candidates, and interviews. This includes in-house recruiters, HR managers, and third-party/agency recruiters.

"Candidate" — the natural person whose personal data is entered into the Platform by a Recruiter in connection with a hiring process. The Candidate is a data subject under GDPR/UK GDPR/CCPA (as applicable) — not a party to this Agreement.

"Client Employer" — for agency/third-party recruiters, the company on whose behalf the Recruiter is sourcing candidates for a given Vacancy.

"AI Assistant" — the artificial intelligence feature ("Elia for HR") that assists with resume screening, interview question preparation, and scorecard summarization, operating exclusively on de-identified candidate data as described in the Privacy Policy.

"Vacancy" — an open position record created by a Recruiter, including title, required skills, and (where applicable) salary range.

2. Subject of Agreement

These Terms govern the Recruiter's access to and use of the Platform. By creating an account, the Recruiter confirms they have the authority to enter into this Agreement — either as an individual professional, or on behalf of an employer or agency.

The Platform is a tool for managing recruiting workflows. It does not itself make hiring decisions, does not guarantee hiring outcomes, and is not a substitute for the Recruiter's professional judgment or their employer's hiring policies and applicable labor law.

3. Subscription Plans and Payment

The Platform is offered under multiple tiers — Free (limited demo access), Standard, Premium, and Enterprise — as described on the pricing page at the time of purchase. Paid subscriptions are billed via one of the Platform's payment processors — PayPal and/or Paddle.com Market Limited (acting as Merchant of Record where applicable) — whose own terms and privacy practices apply to the payment transaction itself.

Fees are non-refundable except as required by applicable law or as described in the separate Refund Policy.

Note

[ПЛЕЙСХОЛДЕР: платіжні процесори (PayPal/Paddle) технічно ще не підключені для AITACS Talent на момент написання цього документа — інтеграція запланована. До моменту фактичного підключення це положення описує цільову модель монетизації, а не діючий платіжний потік.]

4. Data Storage Architecture and Responsibility Zones

Candidate data is stored on servers operated by or on behalf of the Provider, hosted on infrastructure provided by Hetzner Online GmbH (Germany/Finland data centers). The Platform acts as a data processor with respect to Candidate personal data; the Recruiter (or, for agency recruiters, the Client Employer) acts as the data controller. See the Data Processing Agreement (DPA) referenced in Section 10 below for the allocation of responsibilities under GDPR Article 28.

The Recruiter is solely responsible for: (a) having a valid legal basis to collect and process each Candidate's personal data, (b) obtaining Candidate consent where required (see Informed Consent Template), and (c) complying with employment and anti-discrimination law applicable in their jurisdiction.

5. AI Assistant and Data Processing — Anti-Discrimination Safeguards

The Platform uses artificial intelligence (OpenAI models) in three distinct features, each with a different data-handling profile:

"Elia for HR" chat assistant (dashboard) and AI candidate analysis (candidate card — gap analysis, screening, interview questions, scorecard summaries, red-flag review) are both bias-safe by design: before any request reaches the AI model, the Platform automatically strips the candidate's full name, phone number, email address, and résumé file link, scrubs email/phone-like patterns from free-text notes, and substitutes a generated pseudonym. The AI sees only the pseudonym and job-relevant professional data. Every AI candidate analysis is recorded in an audit log (fields redacted, model used, human-review status) to support bias-audit obligations such as NYC Local Law 144.
Résumé and company-document import (bulk upload of CVs or client lists) works differently: the AI's task there is precisely to extract a candidate's or company's name, contact details, and other information from an uploaded document, so this data is not de-identified before being sent to the AI model for that one-time extraction. Protection for this feature relies instead on the AI provider's zero/short data-retention terms (see Subprocessor List) and the Platform's own short-term handling of the uploaded file, not on pre-redaction.

Outside of import, the AI Assistant sees only a pseudonym and job-relevant professional data (skills, experience, stated salary expectations) — never the candidate's identifying details.

Anti-Discrimination Clause

The Platform does not use, request, or infer age, gender, race, ethnicity, disability, religion, pregnancy, or marital status as scoring or ranking factors, whether by the AI Assistant or by any built-in analytics feature. Responsibility for lawful, non-discriminatory use of the Platform's screening features — including compliance with applicable equal-employment-opportunity law — rests with the Recruiter and the Client Employer, not the Platform.

Automated Employment Decision Tool Disclosure (NYC Local Law 144 and similar)

Where applicable law (such as NYC Local Law 144) requires advance notice to candidates that an automated employment decision tool will be used to assess them, the Recruiter is responsible for providing that notice (typically at least 10 business days before use) and for publishing any legally required bias audit summary. The Platform's AI-screening activity log (available to Recruiters in the Analytics/DEI dashboard) is provided to support — but does not by itself satisfy — such compliance obligations.

Human Oversight of Final Decisions (GDPR Article 22)

The AI Assistant does not make the final decision to reject, advance, or hire a Candidate. It produces recommendations, draft interview questions, and scorecard summaries for a human recruiter to review. Any decision materially affecting a Candidate's application is made exclusively by the Recruiter, through an explicit action in the Platform's interface — never automatically by the AI Assistant.

6. User Obligations

Obtain valid consent from each Candidate before entering their personal data into the Platform, using the Informed Consent Template or an equivalent document that meets the same substantive requirements.
Obtain the Candidate's explicit consent before recording any video or audio interview, and inform them of the retention period and their right to request deletion of the recording (see Section 7 of the Informed Consent Template; this reflects requirements similar to the Illinois Artificial Intelligence Video Interview Act and comparable statutes elsewhere).
Where the Recruiter's jurisdiction or the Client Employer's jurisdiction is subject to pay-transparency requirements (such as the EU Pay Transparency Directive), disclose the Vacancy's salary range to the Candidate no later than the point required by that law, and refrain from asking Candidates about their prior salary where such inquiries are prohibited. The Platform's Vacancy record includes a mandatory salary-range field and a "must disclose range" flag to support — but not automatically guarantee — this obligation.
Not use the Platform to collect or process special categories of Candidate data (health information, criminal history, trade union membership, etc.) unless independently required and lawfully justified outside the Platform's standard candidate schema, which intentionally excludes such fields.
Maintain the confidentiality of Client Employer vacancy details in accordance with Section 6a (Confidentiality / NDA Layer) below, where applicable.
Keep account credentials secure and not share access with unauthorized third parties.

6a. Confidentiality / NDA Layer for Agency and Third-Party Recruiters

Applies when the Recruiter is sourcing on behalf of a Client Employer

Where a Recruiter uses the Platform to manage a confidential search mandate on behalf of a Client Employer, the Recruiter is solely responsible for any non-disclosure obligations owed to that Client Employer. The Platform does not itself review, enforce, or become a party to any such NDA. If the Client Employer requires that vacancy details, compensation data, or candidate pipeline information not be disclosed beyond the Recruiter's organization, the Recruiter must configure access and sharing settings accordingly and must not rely on the Platform as a substitute for a signed confidentiality agreement with the Client Employer.

[ПЛЕЙСХОЛДЕР: якщо продукт у майбутньому запровадить окремий підписаний NDA-шар/шаблон для агентських рекрутерів — додати посилання тут. На момент цього чернетки — нова юридична сутність, ще не має технічної реалізації (план §5 п.9).]

7. Limitation of Liability

The Platform is provided "as is." To the maximum extent permitted by law, the Platform's operator is not liable for: (a) hiring decisions made by the Recruiter or Client Employer, (b) the Recruiter's failure to obtain required Candidate consents, (c) the Recruiter's non-compliance with employment, anti-discrimination, or pay-transparency law, or (d) indirect, incidental, or consequential damages arising from use of the Platform.

8. Termination

Either party may terminate this Agreement as described in the applicable subscription terms. Upon termination, the Recruiter's data (including Candidate records) is retained for 12 months by default to allow export, after which it is deleted in accordance with the Privacy Policy data retention schedule, unless a shorter or longer period is required by applicable employment or data-protection law in the Recruiter's or Client Employer's jurisdiction (see Section 9), or an active legal hold applies.

9. Governing Law and Dispute Resolution

These Terms are governed by, and construed in accordance with, the laws of the State of Israel, without regard to its conflict-of-laws principles, as the Platform is operated by an Israeli-registered sole proprietor (עוסק פטור). Disputes arising from these Terms that cannot be resolved informally within 30 days will be submitted to the competent courts of Tel Aviv-Jaffa, Israel, without prejudice to any mandatory consumer-protection or data-protection forum available to the Recruiter or Candidate under the laws described in Section 9.1 below.

9.1 Mandatory data-protection law — applies now, not by choice

The choice of Israeli law as the governing law of this Agreement does not displace mandatory data-protection law that applies to the Platform or to a Recruiter/Candidate by operation of law, regardless of the parties' choice of forum. In particular, and in parallel with one another:

Israel — the Israeli Protection of Privacy Law, 5741-1981, and the Protection of Privacy Regulations (Data Security), 5777-2017, apply directly to the Platform as an Israeli-registered data controller/processor, independent of where any given Recruiter or Candidate is located.
European Union / European Economic Area — for Recruiters and Candidates located in the EU or EEA, the GDPR applies extraterritorially under Article 3 and takes precedence over any conflicting provision of this section with respect to the processing of personal data. Nothing in this section limits a data subject's statutory right to lodge a complaint with a supervisory authority in their place of habitual residence, place of work, or place of the alleged infringement.
Ukraine — for Recruiters and Candidates located in Ukraine, the Law of Ukraine "On Protection of Personal Data" applies to the processing of their personal data in parallel with the above.

Where these regimes conflict with each other as applied to the same data subject, the law most protective of that data subject's rights, or the law of the data subject's own jurisdiction, governs the processing question specifically — this does not change the governing law of the Agreement itself under Section 9.

9.2 Reserved — United States

[РЕЗЕРВ: положення для рекрутерів/кандидатів у США (зокрема застосовні положення штатних законів про конфіденційність — CCPA/CPRA, BIPA та подібні; федеральне/штатне трудове право) — буде додано перед виходом продукту на ринок США.]

9.3 Reserved — Canada

[РЕЗЕРВ: положення щодо PIPEDA та провінційного законодавства про захист персональних даних і трудового права Канади — буде додано перед виходом продукту на канадський ринок.]

9.4 Reserved — United Kingdom

[РЕЗЕРВ: положення щодо UK GDPR, Data Protection Act 2018 та британського трудового права — буде додано перед виходом продукту на ринок Великої Британії.]

10. Data Processing Agreement (DPA)

For Recruiters and Client Employers subject to GDPR/UK GDPR, the Data Processing Agreement establishes the Platform as processor and the Recruiter/Client Employer as controller, in accordance with GDPR Article 28, and is incorporated into these Terms by reference.

10a. Recruitment Data Sharing Agreement (Client Employer)

Where a Recruiter shares a Candidate's data with a Client Employer for a specific Vacancy, both the Recruiter and the Client Employer act as independent data controllers with respect to that disclosure (not processor/sub-processor). The terms governing that disclosure — including purpose limitation, retention, and breach notification between the two controllers — are set out in the Recruitment Data Sharing Agreement, incorporated into these Terms by reference where applicable.

11. Amendments

The Platform's operator may update these Terms from time to time. Material changes will be communicated to Recruiters through the Platform or by email before taking effect.

12. Contact Information

Questions about these Terms may be sent to talent@aitacscrm.app.