Terms of Service
Effective 2026-05-04. Plain-English summaries are in callouts; the binding text is the paragraph below each.
1. The deal in one paragraph
2. Definitions
“TalentTap”, “we”, “us” means MarketplaceMax LLC d/b/a TalentTap.
“Employer” means a user holding a paid subscription on the brand side of the marketplace.
“Candidate” means a user holding a TalentTap profile on the operator/job-seeker side.
“Match” means a pairing surfaced to one or both parties through TalentTap's matching algorithm or admin curation.
“Introduction” means the moment either party first becomes aware of the other through TalentTap. This includes (a) appearing on the other party's match feed, (b) any message in TalentTap chat, (c) any meeting scheduled through TalentTap, or (d) any out-of-band introduction made by TalentTap admin.
“Hire” means any compensated engagement of a Candidate by an Employer or any Affiliate of the Employer. This includes employment, contractor, advisor, consulting, equity-bearing, and revenue-share relationships.
“Affiliate” means any entity controlling, controlled by, or under common control with the Employer (parent, subsidiary, sister company, holding entity, related operating company).
“Lookback Period” means twenty-four (24) months from the date of Introduction.
3. Subscription
Employer access requires an active subscription. Subscriptions auto-renew monthly until cancelled. Cancellation takes effect at the end of the current billing period; no pro-rated refunds. Trials convert to paid at the configured price unless cancelled before the trial end. Failed payments may result in immediate suspension of paid features. Pricing is subject to change with thirty (30) days' notice.
4. The 7.5% success fee
For each Hire, the Employer owes TalentTap a success fee equal to 7.5% of the Candidate's annualized base salary as agreed in the Hire's offer letter or engagement agreement. For contractor or equity-bearing roles, the fee equals 7.5% of the cash component of the first twelve months of the engagement (excluding profit-share, equity, and performance bonuses, but including guaranteed minimums). The fee is invoiced to the Employer's Stripe customer of record on the date the Employer marks the Hire confirmed in TalentTap, and is due net thirty (30).
5. Anti-circumvention
5.1 Coverage. The success fee applies to every Hire of a Candidate by an Employer (or any Affiliate of the Employer) where the Candidate was Introduced to the Employer through TalentTap, regardless of: (a) the channel through which subsequent communications occurred, including communications outside the TalentTap platform; (b) the time elapsed between Introduction and Hire, provided the Hire occurs within the Lookback Period; (c) whether the role being hired for matches the role originally surfaced; (d) whether either party initially declined to express interest on the platform.
5.2 Disclosure obligation. Both Employer and Candidate commit to notify TalentTap within fourteen (14) days of any Hire involving a counterparty Introduced through TalentTap, by email to hires@talenttap.io or by marking the Hire confirmed in the TalentTap chat. Failure to disclose within fourteen (14) days constitutes a separate breach independent of any unpaid fee.
5.3 Liquidated damages. If TalentTap discovers an undisclosed Hire (whether through audit, candidate disclosure, public sources, or otherwise), the Employer agrees to pay liquidated damages equal to the greater of (i) two times (2×) the standard success fee or (ii) Five Thousand Dollars (US$5,000), in addition to the standard success fee itself. The parties agree these damages are not punitive and represent a reasonable estimate of TalentTap's actual costs of investigation and lost revenue.
5.4 Audit right. With thirty (30) days' written notice, TalentTap may inspect Employer records reasonably necessary to verify compliance with this section, limited to records identifying hires within the Lookback Period. The Employer may redact unrelated information.
5.5 Non-solicitation passthrough. If a Candidate refers a third party to the Employer, that third party's hire is not covered by this section unless the third party themselves was independently Introduced through TalentTap.
6. Acceptable use
Both parties agree to use TalentTap chat, scheduling, and hire-confirmation features for all initial communications between matched users for the first thirty (30) days following a mutual match. Sharing personal contact information (email, phone, social handles) within TalentTap chat is permitted, but is not a substitute for the disclosure obligation in Section 5. TalentTap may scan messages for contact-information patterns and log such events for audit purposes.
You agree not to: (a) use TalentTap to recruit for roles outside eCommerce; (b) impersonate another person or entity; (c) use automated tools to scrape profiles, messages, or match data; (d) post profile content that is false, defamatory, or violates third-party rights; (e) attempt to identify anonymized profiles by means other than the platform's mutual-match flow; (f) misuse the 90-day replacement guarantee in bad faith.
7. The 90-day replacement guarantee
For ninety (90) days following the start date of a confirmed Hire, if the Candidate's engagement ends for any reason other than a layoff initiated by the Employer, TalentTap will re-rank candidates against the Employer's profile and surface a fresh match feed at no additional success fee. The replacement guarantee does not cover engagements terminated due to changes in the Employer's business strategy, restructuring, or dissolution. The Employer must report the termination within fourteen (14) days for the guarantee to apply.
8. Profile content + verification
You retain ownership of the content you post to TalentTap. By posting, you grant TalentTap a non-exclusive, royalty-free license to use, display, and transmit the content as necessary to operate the marketplace. TalentTap may verify outcomes, prior employment, and reference information you provide; we do so only with your permission and after a mutual match. We do not sell your profile data.
9. Privacy + data
We collect the data you submit, basic usage telemetry, and authentication metadata. We process matches deterministically using your stated attributes; no personal data is sold. Full disclosures live in the Privacy Policy.
10. Disclaimers
TalentTap surfaces matches; we do not guarantee a hire will result, that a specific candidate will accept, or that any role is described accurately by the posting brand. The matching algorithm is deterministic and explainable but cannot replicate human judgment. Outcomes depend on factors outside TalentTap's control. The service is provided “as is” without warranties of any kind, except those that cannot be disclaimed under applicable law.
11. Limitation of liability
To the maximum extent permitted by law, TalentTap's aggregate liability arising out of or related to this agreement or your use of the service is limited to the greater of (a) the total fees paid by you to TalentTap in the twelve (12) months preceding the claim, or (b) US$1,000. TalentTap is not liable for indirect, consequential, incidental, special, or punitive damages.
12. Disputes + governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or your use of TalentTap will be resolved by binding arbitration administered by JAMS in Wilmington, Delaware, under the JAMS Streamlined Arbitration Rules, except that either party may seek injunctive relief in court. The prevailing party in any arbitration or related court proceeding is entitled to recover reasonable attorneys' fees.
13. Changes
We may update these Terms. Material changes will be flagged in-app and by email at least fourteen (14) days before they take effect. Continuing to use TalentTap after changes take effect constitutes acceptance. The current version of these Terms is dated 2026-05-04 at the top of this page.
14. Contact
Questions, disclosures of off-platform hires, or audit notices: hello@talenttap.io. Legal notices: legal@talenttap.io.