Summary of Key Positions
Topanga Creative Studio means the sole proprietorship established at 1e Scheepvaartstraat 55, 3151 NK Hoek van Holland, The Netherlands, registered with the Dutch Chamber of Commerce under number 82560315.
Customer and Candidate Data supplied through ATSs, CRMs, job boards, or other recruitment technology are processed only to provide the Services and are not sold or repurposed into any independent candidate marketplace or shared talent pool.
Customers remain responsible for the lawfulness of their recruitment activities, candidate notices, human review of outputs, and final hiring decisions.
Partner platform access and data flows remain subject to the relevant third-party platform terms and technical constraints.
Retention and deletion are framed conservatively, with an export period after termination and deletion from live systems subject to backups, legal holds, and security logs.
1. Definitions
In these Terms:
Account means any account used to access the Services.
Authorised User means an employee, contractor, consultant, or other individual authorised by Customer to use the Services on Customer’s behalf.
Candidate Data means personal data and related information concerning job applicants, prospective applicants, or candidates processed through the Services, including CVs, résumés, employment history, qualifications, contact details, application materials, and related metadata.
Customer Data means all data, content, materials, records, and information submitted to, made available to, imported into, or generated through the Services by or on behalf of Customer, including Candidate Data, job descriptions, role requirements, hiring criteria, workflow settings, and related outputs, but excluding Service Usage Data and TrueFitCV.ai Confidential Information.
Documentation means user guides, product descriptions, technical materials, and other instructions made available by TrueFitCV.ai relating to the Services.
Order Form means any order, proposal, subscription document, statement of work, or online checkout accepted by the parties and incorporating these Terms.
Partner Platform means any applicant tracking system, CRM, job board, HR technology platform, or other third-party system integrated with the Services.
Service Usage Data means data relating to the performance, operation, support, security, and use of the Services, including logs, telemetry, product interaction events, and aggregated or de-identified statistics, provided that such data does not identify Customer, any Candidate, or any other individual.
Subscription Term means the period during which Customer is authorised to access and use the Services under an Order Form.
2. The Services
2.1 TrueFitCV.ai provides software tools designed to help Customers process job requirements and candidate information, including by extracting signals, normalising language, generating scores, ranking candidates, and presenting related recruitment workflow outputs.
2.2 The Services may include:
2.3 The Services are provided for Customer’s internal business use in connection with Customer’s lawful recruitment and hiring activities, unless otherwise expressly agreed in writing.
standalone workflows for job posting, application intake, candidate scoring, and ranking;
integrations with Partner Platforms, including ATS and CRM systems;
import, synchronisation, and processing of Candidate Data made available by or on behalf of Customer; and
reporting, filtering, search, and workflow support features.
3. Right to Use
3.1 Subject to Customer’s compliance with these Terms and payment of all applicable fees, TrueFitCV.ai grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Services for Customer’s internal business purposes.
3.2 Customer may permit Authorised Users to access and use the Services solely on Customer’s behalf. Customer is responsible for all acts and omissions of its Authorised Users.
3.3 Customer must ensure that login credentials are kept confidential and used only by the relevant Authorised User. Shared logins are prohibited unless expressly permitted in writing.
4. Customer Responsibilities
4.1 Customer is responsible for:
4.2 Customer must not:
all Customer Data and all instructions given to TrueFitCV.ai in relation to Customer Data;
ensuring it has all necessary rights, permissions, notices, and lawful bases required to provide Customer Data to TrueFitCV.ai and to authorise TrueFitCV.ai to process such data in accordance with these Terms and the DPA;
the legality, accuracy, quality, and appropriateness of Customer Data and Customer’s use of the Services;
its recruitment decisions, communications with candidates, and compliance with applicable employment, equality, anti-discrimination, and data protection laws;
configuring the Services appropriately for its own workflows and use cases; and
ensuring human review of candidate assessments where required by law or good recruitment practice.
use the Services for any unlawful, discriminatory, misleading, or unfair purpose;
upload or instruct processing of personal data that is irrelevant or excessive for recruitment purposes;
use the Services as the sole basis for making legally or materially significant decisions about individuals where human review is required;
submit special category data, criminal offence data, or highly sensitive personal data unless expressly agreed in writing and supported by an appropriate lawful basis and compliance process;
use the Services to build or contribute to a shared candidate marketplace, talent pool, or resale database operated by TrueFitCV.ai or any third party, unless separately agreed in writing; or
interfere with, reverse engineer, copy, modify, or create derivative works of the Services except to the extent expressly permitted by law and incapable of exclusion.
5. Customer Data
5.1 As between the parties, Customer retains all right, title, and interest in and to Customer Data.
5.2 Customer grants TrueFitCV.ai a non-exclusive right to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, secure, support, maintain, and improve the Services for Customer in accordance with these Terms, the applicable Order Form, and the DPA.
5.3 TrueFitCV.ai will not sell Customer Data or Candidate Data.
5.4 TrueFitCV.ai will not use Candidate Data to create, enrich, or commercialise any independent or shared talent pool, candidate marketplace, or similar product offering unless Customer has expressly authorised this in a separate written agreement and the parties have agreed the relevant data protection roles, notices, and lawful bases.
5.5 Customer acknowledges that the Services may generate outputs based on Customer Data, including candidate scores, rankings, classifications, summaries, and related indicators. Such outputs form part of Customer Data.
6. Data Protection
6.1 The parties acknowledge that, in relation to Candidate Data and other personal data processed by TrueFitCV.ai on behalf of Customer through the Services, Customer will generally act as controller and TrueFitCV.ai will generally act as processor.
6.2 In relation to personal data processed by TrueFitCV.ai for its own business purposes, including account administration, billing, service security, fraud prevention, abuse monitoring, and business communications, TrueFitCV.ai acts as controller.
6.3 The parties will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018, in accordance with their respective roles.
6.4 If and to the extent TrueFitCV.ai processes personal data as processor on behalf of Customer, the Data Processing Agreement made available by TrueFitCV.ai and incorporated into these Terms applies.
6.5 Customer is responsible for providing appropriate privacy information to candidates and other data subjects whose personal data is processed through the Services, including information about the use of automated support tools, analytics, ranking, or scoring where required by law.
7. Retention and Deletion
7.1 Customer acknowledges that personal data must not be retained for longer than necessary for the relevant recruitment purpose.
7.2 Unless otherwise specified in the Order Form, Documentation, or Customer settings:
7.3 Where the Services include retention settings or deletion tools, Customer remains responsible for selecting retention periods appropriate to its role as controller.
7.4 TrueFitCV.ai may set reasonable default retention periods for trial environments, inactive workspaces, logs, and technical data, provided that these are consistent with applicable law and the Documentation.
Customer Data will be retained during the Subscription Term;
following termination or expiry, Customer will have a reasonable export period of 30 days, unless otherwise agreed;
after that period, TrueFitCV.ai may delete or render inaccessible Customer Data from live systems, subject to backup cycles, legal obligations, dispute preservation, and security logs; and
limited copies may remain in backups for a temporary period in accordance with TrueFitCV.ai’s backup and disaster recovery processes.
8. Partner Platforms and Integrations
8.1 The Services may interoperate with Partner Platforms. Customer is responsible for:
8.2 TrueFitCV.ai is not responsible for any Partner Platform, including its availability, data practices, acts, omissions, changes to APIs, policy changes, suspensions, or restrictions.
8.3 If a Partner Platform restricts, modifies, or withdraws access to functionality, data, or APIs, TrueFitCV.ai may modify or suspend the corresponding integration without liability, provided it uses reasonable efforts to minimise disruption.
maintaining valid agreements, permissions, and credentials for those Partner Platforms;
ensuring that its use of the Services in connection with those platforms complies with the relevant third-party terms and policies; and
ensuring that any data imported from or exported to a Partner Platform may lawfully be processed for Customer’s intended recruitment purpose.
9. AI-Assisted Outputs and Human Responsibility
9.1 Customer acknowledges that the Services may use rules-based, statistical, machine learning, natural language processing, or other automated techniques to generate outputs such as candidate scores, rankings, summaries, and fit indicators.
9.2 Customer remains solely responsible for:
9.3 TrueFitCV.ai does not guarantee that any output is complete, error-free, unbiased, suitable for a particular role, or legally sufficient to support any specific employment decision.
9.4 Customer must evaluate whether any use of the Services could amount to solely automated decisionmaking or profiling under applicable law and is responsible for implementing any additional review, notices, safeguards, or procedures required.
defining the role requirements, weighting, and criteria it chooses to apply;
reviewing and validating the relevance and appropriateness of outputs;
ensuring hiring or recruitment decisions are lawful, fair, and non-discriminatory; and
not relying exclusively on raw scores or automated outputs where human judgment is required.
10. Security
10.1 TrueFitCV.ai will implement and maintain reasonable and appropriate technical and organisational measures designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or unauthorised access.
10.2 Such measures may include, where appropriate, access controls, authentication, encryption in transit and at rest, network protections, logging, monitoring, backup controls, role-based permissions, and incident response procedures.
10.3 Customer is responsible for maintaining the security of its own devices, systems, identities, credentials, and Partner Platform accounts.
11. Support and Service Changes
11.1 TrueFitCV.ai will provide the level of support specified in the applicable Order Form or Documentation.
11.2 TrueFitCV.ai may modify, update, enhance, or discontinue features of the Services from time to time, provided that it does not materially reduce the core functionality purchased by Customer during the current Subscription Term except where required for security, legal, or third-party dependency reasons.
11.3 Beta, preview, trial, pilot, or early access features may be made available on an “as is” basis and may be changed or withdrawn at any time.
12. Fees and Payment
12.1 Customer will pay all fees set out in the applicable Order Form.
12.2 Unless otherwise stated:
12.3 If Customer fails to pay undisputed fees when due, TrueFitCV.ai may charge interest permitted by law and suspend access to the Services on reasonable notice.
fees are invoiced in advance;
invoices are payable within 30 days of invoice date;
fees are non-refundable except as expressly stated in these Terms; and
amounts are exclusive of VAT and other applicable taxes.
13. Confidentiality
13.1 Each party receiving Confidential Information from the other party must:
13.2 Confidential Information does not include information that:
13.3 A party may disclose Confidential Information where required by law, court order, or regulatory authority, provided it gives notice where legally permitted.
keep it confidential and protect it using reasonable care;
use it only to perform or exercise rights under these Terms; and
disclose it only to personnel, advisers, and subcontractors who need to know it and are bound by confidentiality obligations.
is or becomes public through no breach of these Terms;
was lawfully known to the receiving party without confidentiality restriction;
is lawfully received from a third party without restriction; or
is independently developed without use of the disclosing party’s Confidential Information.
14. Intellectual Property
14.1 TrueFitCV.ai and its licensors retain all right, title, and interest in and to the Services, Documentation, software, models, methods, interfaces, and all related intellectual property rights.
14.2 Except for the limited rights expressly granted in these Terms, no rights are granted to Customer.
14.3 Customer may provide feedback, suggestions, or improvement ideas. TrueFitCV.ai may use such feedback without restriction or obligation.
14.4 TrueFitCV.ai may use Service Usage Data and de-identified or aggregated data for service improvement, analytics, benchmarking, support, capacity planning, and security purposes, provided that such data does not identify Customer, candidates, or other individuals.
15. Acceptable Use
15.1 Customer must not:
15.2 TrueFitCV.ai may suspend access immediately where necessary to protect the Services, its systems, other customers, or compliance with law.
use the Services to transmit malware, spam, or harmful code;
attempt to gain unauthorised access to the Services or related systems;
interfere with the integrity or performance of the Services;
use the Services in a way that violates any law, regulation, or third-party right; or
use the Services to benchmark or build a competing product other than for Customer’s internal evaluation.
16. Warranties and Disclaimers
16.1 Each party warrants that it has authority to enter into these Terms.
16.2 TrueFitCV.ai warrants that it will provide the Services with reasonable care and skill.
16.3 Except as expressly stated in these Terms, the Services are provided “as is” and “as available”. To the fullest extent permitted by law, TrueFitCV.ai disclaims all implied warranties, conditions, and representations, including fitness for a particular purpose, satisfactory quality, non-infringement, and uninterrupted availability.
16.4 TrueFitCV.ai does not warrant that:
the Services will be uninterrupted, error-free, or completely secure;
integrations with any Partner Platform will remain available;
outputs will always be accurate, complete, or suitable for Customer’s intended use; or
use of the Services will ensure compliance with employment, equality, or data protection law.
17. Liability
17.1 Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, any liability that cannot lawfully be excluded or limited, or Customer’s payment obligations.
17.2 Subject to clause 17.1, neither party will be liable to the other for any indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, or loss or corruption of data, except to the extent expressly provided under the DPA or resulting directly from breach of clause 10.
17.3 Subject to clauses 17.1 and 17.4, each party’s total aggregate liability arising out of or in connection with these Terms in any 12-month period will not exceed the total fees paid or payable by Customer under the relevant Order Form in that 12-month period.
17.4 A solicitor may recommend separate caps for breach of confidentiality, data protection breach caused by a party’s fault, infringement of intellectual property rights, and unpaid fees.
18. Suspension and Termination
18.1 Either party may terminate these Terms or an Order Form for material breach not remedied within 30 days of written notice or immediately if the other party becomes insolvent or ceases business.
18.2 TrueFitCV.ai may suspend access to the Services immediately where Customer’s use poses a security, legal, or operational risk, Customer is in material breach of these Terms, or continued provision would expose TrueFitCV.ai or others to liability or breach of third-party obligations.
18.3 On termination or expiry, Customer’s right to use the Services ends, Customer must cease use of the Services, Customer may export Customer Data during any agreed export period, and TrueFitCV.ai will handle deletion or return of personal data in accordance with the DPA and clause 7.
19. Publicity
19.1 TrueFitCV.ai may not use Customer’s name, logo, or trade marks in publicity without Customer’s prior written consent, except where expressly agreed in an Order Form.
20. Audit and Compliance Information
20.1 Where TrueFitCV.ai acts as processor, audit and compliance rights relating to personal data will be governed by the DPA.
20.2 Any broader audit right must be expressly stated in the Order Form.
21. Changes to These Terms
21.1 TrueFitCV.ai may update these Terms from time to time.
21.2 Where a change materially adversely affects Customer’s rights or obligations during an active Subscription Term, TrueFitCV.ai will provide reasonable notice and the updated Terms will apply on renewal unless otherwise agreed.
21.3 Non-material changes may take effect on posting.
22. General
22.1 Entire agreement. These Terms, the applicable Order Form, the DPA, and any agreed addenda form the entire agreement between the parties in relation to the Services.
22.2 Order of precedence. In the event of conflict, the following order applies: Order Form; DPA; these Terms; Documentation.
22.3 Assignment. Neither party may assign these Terms without the other’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
22.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
22.5 No partnership. These Terms do not create any partnership, agency, fiduciary, or employment relationship.
22.6 Third-party rights. No person other than the parties has any right to enforce these Terms except where expressly stated.
22.7 Notices. Formal notices must be sent to the contact details set out in the Order Form
22.8 Governing law and jurisdiction. These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, unless otherwise stated in the Order Form.