Terms of Use

Application Terms of Use – talentguide SaaS-Platform

Last modified: 1 August 2026

The talentguide™ SaaS-platform is developed by TalentGuide BV, BE 0792.555.227, Sint-Jansvest 18/1, 9000 Ghent, Belgium.

IMPORTANT – READ CAREFULLY BEFORE YOU USE THIS SAAS-PLATFORM: These terms of use are a legal agreement between you (an End User) and Talentguide. By checking the “I agree” checkbox, accessing, installing, downloading or otherwise using the SaaS-platform, you agree to be bound by these terms of use (the “Terms”). If you do not agree, you are not allowed to use, download or otherwise access the SaaS-platform, and Talentguide does not grant you a licence to use it.

1.  Definitions

The following definitions apply in these Terms, regardless of whether used in plural or singular form:

1.1  “Organization” means, as the case may be, you as a natural person, or any legal entity by which you are employed, or for which you act as a freelancer, contractor, consultant or officer (or otherwise work for), and that has entered into a legal agreement with Talentguide for a subscription to the SaaS-platform.

1.2  “Documentation” means the technical and functional product information that Talentguide, at its sole discretion, generally makes available from time to time to the Organization or the End Users, accessible via www.talentguide.com. Changes to the Documentation, including to the URL and its content, will be notified by Talentguide from time to time.

1.3  “Employee” means any employee, freelancer, contractor, consultant, supplier or other representative of the Organization permitted by the Organization to use the SaaS-platform for the Organization’s internal business purposes in accordance with the intended purpose of the SaaS-platform and these Terms.

1.4  “End User” or “you” means the individual accessing and/or using the SaaS-platform. You will typically be an Employee or Manager of an Organization.

1.5  “End User Data” means all data proprietary to or held by the Organization which is inputted or uploaded by the End User when using the SaaS-platform, and as processed or stored by Talentguide as a result of the End User using the SaaS-platform.

1.6  “Terms” means these Terms of Use, as may be amended from time to time by Talentguide.

1.7  “Hosting Partner” means Microsoft Azure (or such other provider of hosting services as Talentguide may contract in the future, as notified to the Organization from time to time).

1.8  “Intellectual Property Rights” means all now or hereafter existing (a) rights associated with works of authorship, including copyrights, mask-work rights, neighbouring rights and moral rights; (b) trademark and service-mark rights; (c) trade-secret rights; (d) patents, know-how and industrial property rights; (e) layout-design, design and topography rights; (f) internet domain names; (g) rights to software and computer programs (including source and object code), rights to data, database sui generis rights and documentation; and (h) all registrations, applications, renewals, extensions and reissues of the foregoing, in any jurisdiction worldwide.

1.9  “Manager” means an individual assigned by the Organization to manage operational and strategic HR issues and designated by the Organization to use the SaaS-platform for the Organization’s internal business purposes in accordance with the intended purpose of the SaaS-platform and these Terms.

1.10  “SaaS-platform” means the proprietary software-as-a-service and related services, features, content, programs or applications (web-based or mobile), powered by the Talentguide Library and developed and owned by Talentguide.

1.11  “Talentguide” means TalentGuide BV, a company organised under the laws of Belgium, registered office at Sint-Jansvest 18/1, 9000 Ghent, Belgium, company number BE 0792.555.227.

1.12  “Talentguide Library” means the skills and activities database which constantly adapts to the dynamic skills landscape using machine learning and forms the foundation of the rest of the SaaS-platform.

1.13  “Library Contribution” means any skill, sub-skill, task, trait, tool, knowledge item, term, description, classification, mapping, relationship, hierarchy or correction that is created, derived, inferred, generated or improved as a result of any use of the SaaS-platform, in each case in abstracted form, and excluding End User Data as such and any personal data.

1.14  “Third Party Technology” means any software, hardware or other technology owned and provided by entities other than Talentguide, that may be necessary or appropriate for the use of the SaaS-platform.

1.15  “User Role” means one of the various roles assigned to End Users by the Organization. Each User Role may include different access rights and authorisations in the SaaS-platform. Please contact your Organization for more information about the access rights and authorisations granted to a specific User Role.

2.  General & Scope

These Terms apply to your use of the SaaS-platform and describe your rights and obligations with regard to the SaaS-platform, the Documentation and any related services.

3.  Licence Grant

Talentguide grants you a revocable, non-exclusive, non-transferable, limited licence (without the right to sub-license) to access and use the SaaS-platform and the Documentation, strictly in accordance with these Terms and any accompanying written Documentation. This licence is granted solely to facilitate your duties towards your Organization, and you may not use the SaaS-platform for any other purpose.

4.  Use of the SaaS-Platform

4.1  End User obligations

While using the SaaS-platform, you are obliged to:

• comply with these Terms and the relevant Documentation;

• comply with any applicable local, national or international regulations;

• use the SaaS-platform only in accordance with the User Role assigned to you.

4.2  End User restrictions

While using the SaaS-platform, you may not (directly or indirectly):

• use the SaaS-platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;

• act fraudulently or maliciously (for example, by hacking into the SaaS-platform or inserting malicious code such as viruses or harmful data into the SaaS-platform or any operating system);

• violate the privacy and data-protection rights of other End Users, or try to collect their personal data manually or by using a robot, spider, crawler, or any other automatic tool, process or method;

• use the SaaS-platform in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other End Users;

• impersonate another person or entity, or try to access another person’s account;

• distribute fake information via the SaaS-platform;

• collect or harvest information or data from the SaaS-platform or our systems, or attempt to decipher any transmissions to or from the servers running the SaaS-platform.

  
  

5.  Ownership of the SaaS-Platform

All Intellectual Property Rights vested in the SaaS-platform, the Documentation and any related services are the sole and exclusive property of Talentguide (or its licensors) and are protected by applicable copyright and other rights under local, national and international law.

Talentguide grants you no rights to the SaaS-platform or the Documentation other than those granted under these Terms. The rights described in these Terms are licensed (not sold) to you, and you shall not acquire any title, ownership, copyright, Intellectual Property Rights or other proprietary rights in the SaaS-platform or the Documentation.

Except as otherwise provided in these Terms, you shall not (directly or indirectly), without Talentguide’s written consent:

• create derivative works based on the SaaS-platform or the Documentation;

• assign, distribute, sub-license, transfer, sell, lease or rent out the SaaS-platform or Documentation on behalf of any third party, or make them available to any third party, nor permit any third party to do the same;

• modify, copy, duplicate, reverse-engineer, decompile, disassemble, record or otherwise reproduce the SaaS-platform or Documentation, nor permit any third party to do the same;

• remove or alter any copyright or other proprietary notice on the SaaS-platform or Documentation.

5.1  Library Contributions

All Intellectual Property Rights in and to Library Contributions vest exclusively in Talentguide upon their creation, irrespective of whether they arise from your use of the SaaS-platform, from material you upload, from terminology, descriptions or corrections you supply, or from Talentguide’s processing of any of the foregoing.

To the extent that any Intellectual Property Right in a Library Contribution would otherwise vest in you, you hereby assign it to Talentguide in full and without further consideration. To the extent that such assignment is not, or not fully, effective under applicable law, you grant Talentguide a worldwide, perpetual, irrevocable, transferable, sub-licensable and royalty-free licence to use, reproduce, store, modify, adapt, translate, combine, aggregate, commercialise and otherwise exploit that Library Contribution without restriction and for any purpose, including its incorporation into the Talentguide Library and into products and services that Talentguide provides to third parties.

This clause confers no right on Talentguide in End User Data as such, nor in any personal data. Library Contributions are abstracted from the source material and contain neither. The processing of personal data remains governed by clause 12 and by the Data Processing Agreement, and any right of the Organization in its own data remains governed by the agreement between Talentguide and the Organization.

Nothing in this clause obliges you to make a Library Contribution, and no Library Contribution gives rise to any entitlement to a fee, royalty, credit or attribution.

6.  Support & Availability

6.1  Support

For support matters you should first contact your Organization (or the person it has assigned). If you encounter problems using the SaaS-platform, Talentguide will provide support services on a best-efforts basis via an online ticketing system.

6.2  Availability

Talentguide will make commercially reasonable efforts to ensure continued availability of the SaaS-platform, but does not guarantee that it will be accessible at any time, place or on any device. The SaaS-platform may be unavailable during planned or unplanned maintenance by Talentguide or its Hosting Partner. Where feasible, maintenance will be carried out outside regular business hours, and Talentguide will inform you as soon as reasonably possible.

Talentguide and the Hosting Partner reserve the right to conduct unplanned maintenance at any time where necessary for security or other urgent reasons, and will not be liable for damages resulting from such unavailability. Talentguide will inform the Organization of unplanned maintenance as soon as possible; the Organization can monitor the status of the SaaS-platform via www.talentguide.com or a successor URL notified by Talentguide.

7.  Modifications

Talentguide reserves the right to modify or update the SaaS-platform and the Documentation from time to time to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.

8.  Usage Control

Talentguide has the right to verify your usage of the SaaS-platform, including by keeping logs of access, volume usage and account usage. These logs are kept for invoicing, service monitoring and improvement, and security purposes. You agree that these logs may be used as evidence to demonstrate compliance with or breach of these Terms or any agreement between Talentguide and the Organization, and shall be construed as evidence unless proof to the contrary is provided.

9.  Third Party Technology & Hosting

9.1  Your Third Party Technology

You acknowledge that, to use the SaaS-platform, you may need appropriate hardware, networks, operating systems and data-transmission lines with suitable communication applications, and that you may need to obtain, at your own expense, the right to use software owned by third parties. Any Third Party Technology purchased by you or otherwise included in the SaaS-platform is governed exclusively by the service offering of that Third Party Technology.

9.2  Talentguide’s or the Organization’s Third Party Technology

Third Party Technology provided by Talentguide or involved by the Organization is subject to the delivery conditions, guarantees, maintenance conditions and other contractual terms (“Third Party Warranties”) of the supplier concerned (“Third Party Supplier”). You accept the applicability of those specific conditions and shall, where possible, address any claims for repair of visible or hidden defects exclusively to the Third Party Supplier under those Third Party Warranties. To the extent permitted by law, Talentguide accepts no obligations and provides no warranties with respect to Third Party Technology beyond the Third Party Warranties.

9.3  Hosting

The SaaS-platform is hosted in the data centres of Talentguide’s Hosting Partner, subject to the Hosting Partner’s applicable service offering and terms (https://azure.microsoft.com/en-us/support/legal/), as may be changed from time to time.

10.  Warranties

The SaaS-platform, the Documentation and any related services are made available to you “as is”. To the fullest extent permitted by law, Talentguide disclaims all warranties of any kind, express or implied, including implied warranties of accuracy or completeness of data, merchantability, fitness for a particular purpose, and non-infringement.

11.  Limitation of Liability

Subject to the maximum extent permitted by law and the paragraphs below, Talentguide shall be liable to you only for direct, foreseeable damage caused by Talentguide, and its maximum liability shall not exceed the amount actually paid out by Talentguide’s insurer for the damage-causing event related to your use of the SaaS-platform or the Documentation.

To the maximum extent permitted by law, Talentguide shall not be liable for any indirect, punitive, special or consequential damage (including loss of profit, revenue or business, loss or corruption of data, loss of goodwill, reputational damage, investments and costs of restoring data) arising from your use of the SaaS-platform or Documentation. Talentguide is not responsible for actions taken or decisions made based on information provided in the SaaS-platform; you should exercise your own judgement, verify the information and seek professional advice where appropriate, and should never rely solely on information generated in the SaaS-platform.

In any case, Talentguide shall not be liable for damage caused by you, your Organization or any third parties (including third-party service providers and providers of Third Party Technology).

Nothing in these Terms excludes or limits Talentguide’s liability where it cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for death or personal injury caused by Talentguide’s negligence.

12.  Privacy & Data Protection

During your use of the SaaS-platform, Talentguide collects and processes your personal data as a data processor on behalf of your Organization (as data controller), in accordance with the instructions, legal basis and purposes determined by your Organization (including to enable Talentguide to perform its contractual obligations under the agreement concluded with your Organization).

The processing of personal data through the SaaS-platform is governed by the Data Processing Agreement between Talentguide and your Organization (available at https://www.talentguide.com/data_processing).

Please contact your Organization (the data controller) if you wish to receive more information about the legal basis and the purposes of the processing of your personal data.

13.  Changes to These Terms

Talentguide reserves the right to change these Terms from time to time (e.g. to reflect changes in law or best practice, or to address new features). Any change will be notified to you by email or on your next use of the SaaS-platform, thirty (30) days before it takes effect, unless the change is required to comply with law (in which case it may take effect immediately). The date of the most recent version is shown at the top of these Terms. By using the SaaS-platform after a change takes effect, you agree to the amended Terms; if you do not agree, you will have no right to access or use the SaaS-platform.

14.  Term & Termination

These Terms apply for as long as you remain an End User.

If you do not comply with these Terms, Talentguide may immediately terminate (or, at its discretion, refuse or suspend) your access to the SaaS-platform, without formalities and without prejudice to its other rights. Your access may in particular be refused if:

• you cease to work for the Organization (for any reason);

• the Organization has terminated your User Role; or

• the agreement between Talentguide and the Organization terminates or expires.

Provisions of these Terms that are expressly or implicitly intended to survive termination shall survive, including those relating to Intellectual Property Rights (including Library Contributions) and limitation of liability.

Talentguide is not required to provide you with copies of End User Data or to continue maintaining it. If requested by the End User on termination, Talentguide may provide the End User Data stored in the SaaS-platform by digital means (at Talentguide’s discretion). Talentguide will not retain End User Data beyond ninety (90) days after termination of access to the SaaS-platform.

15.  Miscellaneous

Talentguide is not liable for any failure or delay in performing its obligations caused by force majeure or events outside its control; in such cases it will inform you as soon as possible and take steps to minimise the effects.

You may not transfer your rights or obligations under these Terms without Talentguide’s written approval. Talentguide may assign, transfer or subcontract its rights and obligations under these Terms to its affiliates.

If any provision of these Terms is held unenforceable (in whole or in part), the remaining provisions continue in full force, and the unenforceable provision applies to the fullest extent permitted by law.

These Terms may be waived only by a written document signed by the party entitled to the benefit. A waiver is effective only in the specific instance and for the purpose given, and does not constitute a continuing waiver.

16.  Choice of Law & Forum

These Terms are governed by and construed in accordance with the laws of Belgium, and the parties submit to the exclusive jurisdiction of the courts of Ghent (Ghent division), Belgium. Before initiating proceedings, you shall make reasonable good-faith efforts to settle any dispute amicably.