Terms and Conditions
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Effective Date: 1 March 2025

Please read these Terms and Conditions(“Terms”) carefully before using Pro5. By registering for an account, accessing, or using the Pro5 platform or services, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Pro5 platform or services.

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1. Introduction & Acceptance

These Terms constitute a legal agreement between you and Pro5 (referred to as “Pro5”, “we”, “us”, or “our”). By using the Pro5 website, platform, and any related tools or services, you accept and agree to comply with these Terms and all applicable laws and regulations. If you are using Pro5 on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity. Using Pro5 in any manner (including simply browsing the website) signifies your acceptance of these Terms. If you do not agree, you should discontinue use of Pro5 immediately.

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2. User Roles & Responsibilities

Pro5 caters to multiple user roles, including Hiring Managers, Recruiters, Talents (candidates), and Sourcing Partners. All users agree to use the platform ethically and adhere to the following responsibilities:

• Accuracy of Information: You must provide truthful, current, and complete information in your Pro5 profile, job postings, resumes, and any data you submit. Misrepresentation or providing false data is strictly prohibited and may result in account termination.
• Ethical Use & Compliance: All users shall use Pro5 in a professional and ethical manner. Discriminatory practices are forbidden – you must not engage in any hiring or recruitment behavior that violates applicable fair employment laws or equal opportunity regulations. This includes avoiding discrimination based on race, color, religion, sex, national origin, age, disability, veteran status, genetic information, or any other protected characteristic.
• Role-Based Commitments:
  
   
  • Hiring Managers & Recruiters: If you are a Hiring Manager or Recruiter using Pro5, you agree to handle all recruitment-related communications exclusively through Pro5’s platform tools or through Pro5-assigned account managers. Do not attempt to bypass Pro5 by contacting candidates or conducting interviews outside the platform for opportunities discovered on Pro5. You are responsible for ensuring that your job listings, candidate communications, and hiring practices via Pro5 comply with all applicable laws and these Terms.
   
  • Talents (Job Seekers/Candidates): If you are a Talent using Pro5 to find opportunities, you must provide accurate information about your qualifications, experience, and identity. You agree to engage honestly in any assessments or interviews facilitated by Pro5. Cheating on skills tests, copying interview questions to share with others, or any form of dishonest behavior during the hiring process is considered misuse of the platform.
   
  • Sourcing Partners: If you are a Sourcing Partner (such as an external recruiter or agency) providing candidate leads or referrals via Pro5, you must have proper rights to share the candidates’ information and must ensure the candidates are aware of and consent to being in the Pro5 platform. You agree not to circumvent Pro5 by referring candidates to Hiring Managers outside of the platform for roles posted on Pro5. All candidate submissions and related communications should occur through Pro5’s systems or authorized Pro5 representatives.
• No Unlawful Use: You may not use Pro5 for any illegal or unauthorized purpose. Users are responsible for ensuring that their use of the platform (and any content they provide) complies with all applicable laws, regulations, and ordinances. This includes employment laws, data privacy laws, and intellectual property laws.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials. All activities that occur under your account are your responsibility. If you become aware of any unauthorized use of your account or security breach, you must notify Pro5 immediately. Pro5 will not be liable for any loss or damage arising from your failure to safeguard your account.

By fulfilling these roles and responsibilities, users help maintain a fair and trusted platform for everyone. Any violation of the above responsibilities may result in suspension or termination of your account (see Section 8), and/or other legal consequences.

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3. Fees & Payments

Use of certain Pro5 services may be subject to fees as agreed in a separate contract or subscription agreement between you(or your organization) and Pro5. All pricing terms, payment obligations, penalties for early termination or misuse, and refund policies are governed by the specific contract(s) or Service Order you have with Pro5, rather than by these general Terms.

• Separate Agreements: If you have signed a Master Service Agreement, subscription plan, recruitment contract, or any other written agreement with Pro5 that covers fees and payments, the terms of that agreement will supersede any conflicting payment terms in these T&Cs. You are responsible for paying all fees as specified and on time, in accordance with the billing and payment schedule in your contract.
• Penalties & Refunds: Any penalties for misuse of the platform (such as circumventing the platform to avoid fees) or any refund arrangements (for example, a money-back guarantee or credits) will be detailed in your separate agreement with Pro5. Unless explicitly stated in a separate contract, Pro5 is under no obligation to provide refunds for services or subscriptions already rendered or paid.
• Taxes: All fees are typically exclusive of taxes (such as VAT, sales tax, or other government levies) unless stated otherwise. You are responsible for any applicable taxes or duties associated with your use of Pro5’s services, other than taxes on Pro5’s income.
• Changes to Fees: Pro5 may update the pricing of its services or introduce new fees. Such changes will not affect you until the renewal of your subscription or the signing of a new contract, unless otherwise provided in your agreement. Pro5 will inform you of any pricing changes with reasonable advance notice, giving you the opportunity to continue or terminate your use of the service before new fees apply.

Note: Failure to pay agreed fees may result in suspension of service or termination of your account. Pro5 reserves all rights to pursue any amounts you owe using lawful means (including engaging collections services or legal action) if necessary.

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4. AI Recommendations & Liability Disclaimers

Pro5’s platform utilizes artificial intelligence (AI) and algorithmic tools to provide recommendations – for example, suggesting suitable candidates for a job or highlighting job openings that match a candidate’s profile. While these AI-driven features aim to improve efficiency and outcomes in the hiring process, it is important to understand and agree to the following:

• No Guarantee of Employment Outcomes: Pro5 makes no guarantee that using the platform or its AI recommendations will lead to a successful hire, job offer, interview, or any particular outcome. Hiring decisions and job-seeking outcomes depend on many factors outside Pro5’s control, including user actions and judgments. The AI recommendations are intended to assist and inform users, but ultimate decisions rest with the human users (employers and candidates).
• AI Guidance, Not Decision-Making: Any rankings, match scores, candidate suggestions, or other insights generated by Pro5’s AI are for informational purposes only. Users should use their own judgment and due diligence when evaluating candidates or job opportunities. For example, Hiring Managers and Recruiters are responsible for reviewing candidates’ qualifications, conducting interviews, and ensuring the candidate is suitable beyond what an algorithm might suggest. Candidates should likewise consider whether a suggested job opportunity truly fits their career goals.
• No Liability for Decisions Based on AI: Pro5 is not liable for any hiring or employment decisions made by users, even if those decisions were influenced by or based on information or recommendations provided by Pro5’s AI. This means that if a Hiring Manager decides to hire, not hire, or otherwise act (or a candidate decides to accept or decline an offer) based on Pro5’s recommendations, that decision is the sole responsibility of the Hiring Manager or candidate. Pro5 will not be responsible for any damages, costs, or losses arising from such decisions (for example, a bad hire, a missed opportunity, or any legal claims related to an employment decision).
• AI Accuracy and Limitations: You acknowledge that AI-based features are inherently probabilistic and may not always be accurate or up-to-date. The platform’s recommendations might occasionally be incorrect, outdated, biased, or not suitable to your specific needs. Pro5 continuously works to improve its AI, but no algorithm is perfect. Users should report any obviously inappropriate recommendations to help us improve. Pro5 disclaims any warranty that the AI suggestions will be error-free or will meet your expectations (see also Section 10: Service Disclaimers for more general warranty disclaimers).
• User Responsibility: You agree that you will not unconditionally rely on the AI outputs. It is your responsibility to verify critical information (such as a candidate’s certifications or a job’s requirements) and to comply with all legal obligations in hiring (such as conducting lawful background checks, verifying work eligibility, etc.). Pro5’s tools do not replace the need for human oversight and compliance.

By using Pro5, you accept that AI is a tool to assist you, and you assume all risks associated with any actions you take based on platform-provided recommendations or data. In summary, Pro5provides helpful data and analytics, but does not guarantee results and is not responsible for your ultimate decisions.

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5. Indemnification

You agree to indemnify, defend, and hold harmless Pro5, its parent company, affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) that arise out of or relate to your use of the Pro5 platform or your breach of these Terms. This obligation applies to any claims by third parties, other users, candidates, or employees against Pro5 due to your actions. In particular, you agree to indemnify and defend Pro5 against claims, losses, or liability resulting from:

• Your Hiring Decisions and Employment Practices: Any dispute, legal claim, or damage arising from a hiring or employment decision you make (or do not make) using Pro5. For example, if a candidate you hired through Pro5 brings an employment claim (such as wrongful termination or discrimination) against you, or if a candidate you rejected claims unfair hiring practices, you (the Hiring Manager/Recruiter or your company) will be responsible for all consequences, not Pro5.
• Your Use or Misuse of Data: Any claim that arises from how you collect, store, share, or use personal data or candidate information through Pro5. This includes claims that you violated privacy rights, data protection laws, or Pro5’s terms by misusing candidate data obtained via the platform. For instance, if you export candidate information from Pro5 and share it improperly or suffer a data breach on your end, you must defend and indemnify Pro5 if it’s implicated.
• Contract or Agreement Disputes: Any disagreements or legal disputes between you and another party (for example, between a Hiring Company and a Sourcing Partner, or between a Recruiter and a candidate) that involve Pro5’s services or data. If, for example, you have a separate contract with a candidate or a sourcing agency and a dispute arises from that relationship or how Pro5 was used in that context, you will handle and cover any claims (including any against Pro5) that result from that dispute.
• Violation of Laws or Rights: Any claim that your conduct via Pro5 violated a law or infringed someone’s rights. This could include, for example, a claim that you engaged in discriminatory hiring (in violation of equal employment laws) or that you infringed a third party’s intellectual property by uploading materials to Pro5. You are responsible for your own compliance with laws; if Pro5 faces a claim because of something you did illegally, you’ll cover Pro5’s costs and liabilities.
• Breach of these Terms: Any other violation of these Terms by you. For example, if you violate the platform usage restrictions (Section 7) and that causes harm or a lawsuit, or if you share your account improperly and that leads to a claim, you must indemnify Pro5.

Pro5 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), in which case you agree to cooperate with Pro5’s defense strategy. You agree not to settle any such matter without the prior written consent of Pro5. This indemnification provision remains in effect even if you stop using Pro5 or your account is terminated.

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6. Data Collection & Retention

Pro5 takes data privacy and management seriously. By using the platform, you acknowledge and agree to Pro5’s practices regarding data collection, use, and retention, as outlined below and in our Privacy Policy (if available):

• Data Collection: Pro5 collects personal and professional data from users and candidates in order to facilitate recruitment and hiring. This data may include, for example: profile information, resumes/CVs, job qualifications, work history, education, contact details, messages exchanged through the platform, evaluation results, and usage activity. We collect this data when users provide it directly (such as filling out a profile or posting a job) and through users’ interactions on the platform.
• Purpose of Use: The primary purpose of collecting this data is to power Pro5’s talent matching and recruitment services. Pro5 uses your data to match job openings with suitable candidates, recommend candidates to Hiring Managers/Recruiters, and suggest relevant opportunities to Talents. Data is also used to communicate with users (e.g., platform notifications or updates), to monitor and enforce compliance with these Terms, and to improve our services (such as by training our AI with anonymized data, see below). Please refer to our Privacy Policy for more details on how we process personal data.
• Retention Period: Pro5 retains user and candidate data indefinitely by default, in order to maintain a rich talent network and continually improve matching over time. This means that once you submit information to Pro5 (for example, a candidate profile or a job listing), we may keep that information in our database until you explicitly request deletion or as otherwise required by law. Keeping data allows Pro5 to consider candidates for future opportunities and provide long-term value to both employers and job seekers.
• User Control & Deletion: If you wish to remove or update your personal data, you have the right to do so. Candidates and other users may contact Pro5 at any time to request access to, correction of, or deletion of their personal information. Pro5 will honor deletion requests within a reasonable time, except where retention is required for legitimate business interests or legal obligations. For example, Pro5 might retain certain transaction records or communications to comply with finance or legal record-keeping requirements, even after an account is deleted, but such data will no longer be accessible in the platform.
• Aggregated and Anonymized Data: Pro5 reserves the right to use data collected through the platform in aggregated or anonymized form for various purposes. This means Pro5 may combine and strip personal identifiers from the data to analyze trends, performance metrics, and improve the platform’s AI algorithms and services. For instance, we might analyze overall hiring trends (e.g., average time to fill a position, popular skills in demand) or use large datasets   of past matches to train our AI to be smarter. Aggregated or anonymized data will not identify any individual user or company, and Pro5 may use and share such data freely (for example, in marketing materials or research publications) since it poses no privacy risk.
• Data Security: Pro5 implements industry-standard security measures to protect user data from unauthorized access or disclosure. However, no system can be 100% secure, and we cannot guarantee absolute security of stored data. By using Pro5, you acknowledge this risk. Users are also responsible for maintaining the security of their login credentials as noted in Section 2.
• Compliance with Privacy Laws: Pro5 endeavors to comply with relevant data protection laws (such as GDPR, CCPA, etc., as applicable depending on the jurisdiction and scope of service). Our practices regarding data collection and retention are guided by these laws. For more information, please review our Privacy Policy, which is incorporated by reference into these Terms.

By agreeing to these Terms, you also consent to Pro5’s data practices as described. If you do not want Pro5 to retain your personal data, you must notify us to delete your account or specific data, understanding that doing so may limit your ability to use the platform or benefit from its services.


7. Platform Usage Restrictions &Fraud Prevention

Pro5 is committed to maintaining a trustworthy, fair, and effective platform. To protect all users and the integrity of our services, certain activities are strictly prohibited. By using Pro5, you agree that you will NOT:

• Spam or Harass Candidates or Users: You will not send unsolicited bulk messages or spam to candidates, Hiring Managers, or other users. All communications via Pro5 should be relevant to legitimate hiring or job-seeking purposes. Harassment, repeated unwanted contact, or abuse of the messaging tools is forbidden.
• Scrape or Data Mine the Platform: You will not use bots, spiders, scripts, or any automated or manual process to harvest or scrape data (such as candidate profiles, job listings, or other content) from Pro5 without Pro5’s prior written permission. Likewise, attempting to hack, decipher, decompile, or reverse-engineer any of the software comprising or in any way making up a part of the platform is prohibited.
• Circumvent the Platform for Hiring: You will not attempt to bypass Pro5’s processes or fees by completing hiring transactions off-platform that originated through Pro5. For example, if you find a candidate on Pro5, you agree not to hire that candidate outside of Pro5 to avoid paying applicable fees or complying with processes. Similarly, if you are a candidate who found a job through Pro5, you should not encourage the employer to hire you outside the platform in a way that breaches their agreement with Pro5. Any attempt to circumvent the platform’s business model or contractual terms is considered fraud.
• Post False or Misleading Information: You will not post fake job listings, fictitious company information, or otherwise deceptive content on Pro5. All job posts must be for real, available positions with the intention to hire. Providing deliberately misleading information in profiles, job descriptions, or communications (such as fake credentials or salary info) is prohibited.
• Engage in Discriminatory or Unlawful Hiring Practices: You will not use Pro5 to facilitate any hiring practices that are discriminatory or violate employment laws (as stated in Section 2). Also, you must not include discriminatory language in job postings or messages. Any attempt to filter or exclude candidates on a prohibited basis (race, gender, etc.) is strictly forbidden. Pro5 may monitor for and remove content that violates these standards.
• Manipulate or Misuse the AI System: You will not knowingly input incorrect, malicious, or irrelevant data into Pro5’s system in an attempt to manipulate AI recommendations or outcomes. For instance, you should not create fake candidate accounts or job postings to “test” or game the system, and candidates should not have someone else complete assessments on their behalf. Additionally, attempts to exploit any algorithmic weaknesses or to generate unfair advantages (like repeatedly posting and deleting jobs to keep them appearing “new”) are not allowed.
• Commit Fraud or Malicious Acts: You shall not use Pro5 to commit fraud or engage in activities like phishing, spreading malware, or any scheme meant to deceive others. Impersonating any person or entity, or falsely stating affiliations (e.g., pretending to represent a company you do not work for), is prohibited. Users are also forbidden from interfering with or disrupting the platform’s servers or networks, or disobeying any requirements, procedures, or regulations of networks connected to Pro5.
• Bypass Security Measures: You must not attempt to disable or circumvent any security or access controls of Pro5. This includes not trying to create multiple accounts to evade a suspension, not sharing accounts between multiple users without permission, and not using any unauthorized third-party plugins or tools that interact with the platform in prohibited ways.
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• Enforcement: Pro5 reserves the right to monitor user activity on the platform for compliance purposes (in accordance with applicable privacy laws). If you are suspected of violating any of the above restrictions or engaging in any fraudulent or malicious behavior, Pro5 may take one or more of the following actions: issue a warning, remove or edit offending content, suspend or terminate your account(as detailed in Section 8), and/or pursue legal action (civil or criminal)against you. Pro5 may also cooperate with law enforcement authorities in prosecuting users who violate the law through the platform.

By abiding by these restrictions, you help keep Pro5 a safe and effective environment for everyone. Violating any of the rules in this section is considered a serious breach of these Terms and can lead to immediate termination of your account without a refund (if applicable)and potential legal consequences.

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8. Account Suspension & Appeals

Pro5 strives to be fair but firm in enforcing these Terms. We may suspend or terminate your access to the platform if you violate the rules or engage in behavior that jeopardizes the platform or other users. Below are the guidelines regarding account suspension, termination, and the appeals process:

• Grounds for Suspension or Termination: Pro5 reserves the right to suspend (temporarily restrict access) or terminate (permanently disable) your account at our discretion if we detect or suspect any of the following:
   
  • Violation of Terms: You have violated these Terms or any other policy that applies to you (such as a separate contract or the Privacy Policy). This includes any misuse or prohibited activities described in Section 7 (Platform Usage Restrictions) or unethical behavior outlined in Section 2 (User Responsibilities).
   
  • Fraudulent or Dishonest Activity: We discover that you have engaged in fraud, provided false information, impersonated another person or entity, or cheated in any platform-related assessments or interviews. For example, if a candidate is caught having someone else complete a coding test for them, or an employer is found falsifying job details, those are grounds for termination.
   
  • Security or Legal Concerns: Your account activity is detected to pose a security threat (e.g., hacking attempts, introducing malware) or legal liability. If your presence on the platform could subject Pro5 or other users to harm or legal issues, we may act quickly to remove that risk.
   
  • Non-Payment or Breach of Contract: If you have a separate agreement with Pro5 and you fail to pay fees owed or materially breach that agreement, Pro5 may suspend services related to that breach. (Note: The process for non-payment might be governed by the contract terms, but we include it here for completeness.)
• Notification: In most cases, if your account is suspended or terminated, Pro5 will attempt to notify you of the action and the reason (for example, via the email associated with your account). However, in cases of severe misconduct or if required by law, Pro5 may deactivate or terminate an account immediately and without prior notice. During suspension, you may not be able to log in or use certain features, and in termination, you will lose access to your account entirely.
• No Refunds for Termination: If your account is terminated due to your violation of these Terms or other misconduct, you will not be entitled to any refund or credit for any subscription fees, prepaid services, or remaining account balance. For example, if you paid for a month of service and are banned in week 2 for cheating or fraud, Pro5 is not obligated to refund the remainder. Any fees owed up to the termination date remain payable. Pro5 also reserves the right to recover costs or fees incurred due to your violation (such as chargeback fees or legal fees for handling the incident).
• Appeals Process: We understand mistakes or misunderstandings can happen. If you believe your account was suspended or terminated in error, or if you have rectified the issues that led to the action, you have the right to appeal. To appeal, contact us at team@pro5.ai with the subject line “Account Suspension Appeal” (or similar) and provide:
   
  • Your full name and registered email address.
   
  • Your Pro5 account username (if applicable) or company name.
   
  • The reason you believe the suspension/termination was unwarranted or a description of how you have addressed the issue.
   
  • Any supporting evidence or context that could help our team review the decision (for instance, if you were flagged for suspicious activity but have an explanation, provide it).

Upon receiving an appeal, Pro5 will review the case. We may ask for additional information during this process. Decisions on appeals will be communicated via email and are final. If an appeal is successful, Pro5 may reinstate your account (potentially under certain conditions or monitoring). If an appeal is denied, you must cease using Pro5and may not attempt to create a new account without permission.

• Multiple Violations: If you have been suspended before and later reinstated, note that repeat violations will likely lead to permanent termination without further opportunity for appeal. Pro5’s priority is to protect the platform community, and users who repeatedly breach trust will be removed.

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Remember: Account suspension or termination is a last resort — we prefer that users follow the rules and remain in good standing. By using Pro5, you agree thatPro5 has the right to take these actions to maintain a safe, fair environment, and you waive any claims against Pro5 for any such account closure (aside from the right to appeal as described).


9. Intellectual Property & Data Ownership

Pro5’s platform and all associated content and technology are protected by intellectual property laws. This section clarifies what Pro5 owns, what you (the user) own, and the limitations on use of each party’s data or content.

• Pro5’s Intellectual Property: All content and materials provided by Pro5, including but not limited to the software, code, algorithms (including the AI recommendation engine), platform design, logos, trademarks, service marks, brand names, graphics, compilations of data (such as the database of candidates and jobs), and any platform-generated insights or analytics, are the exclusive property of Pro5 or its licensors. Using Pro5 does not grant you ownership of any of Pro5’s intellectual property. You are only granted a limited, revocable license to use the platform and its features as per these Terms. You must not copy, distribute, modify, create derivative works from, publicly display, or reverse-engineer any of Pro5’s proprietary technology or content, unless expressly permitted by Pro5 in writing.
• Your Content and Data Ownership: Users retain ownership of the content and data they individually provide to Pro5. This includes, for example, the text of job postings you create, your company’s logo or name, candidate resumes and personal details that a candidate enters, messages you send through the platform, and any other original material you upload or submit. You own your personal or business data. By providing content on Pro5, you are not transferring  ownership to us. However, you grant Pro5 a worldwide, royalty-free, sublicensable license to use, host, copy, display, and distribute your content as needed to provide the service. For instance, if you post a job, you allow us to show it to candidates; if you upload a resume, you allow us to store it and share it with potential employers per your actions. This license also allows Pro5 to make backups or perform technical steps like indexing and formatting to display your content properly. We will not use your content outside the scope of operating and improving the Pro5 platform without obtaining additional permission from you.
• Platform-Generated Insights: Pro5 may provide users with certain insights or analytics based on platform data – for example, a report on market salary ranges, or an AI-generated ranking of top candidates for a role. These platform-generated insights are considered Pro5’s intellectual property, even if they are derived from user-provided data or aggregated data. Pro5 grants you a license to use any such insights or reports for your internal business purposes (for hiring or job seeking). However, you are strictly prohibited from reselling, licensing, or redistributing Pro5’s insights, analytics, or AI recommendations to any third party without Pro5’s explicit written consent. For example, a recruiter cannot take a list of AI-suggested candidates from Pro5 and sell that list to another employer outside the platform; a user cannot publish Pro5’s proprietary match scores or algorithms for others to use. Any attempt to commercialize or share Pro5’s outputs beyond their intended use for hiring will violate this license and may result in legal action.
• Feedback: If you provide Pro5 with any suggestions, ideas, enhancement requests, or feedback about the platform (“Feedback”), Pro5 can use and incorporate that Feedback without any obligation to you. You agree that all Feedback is given voluntarily and Pro5 may use it freely, and you will not be owed any compensation or have any rights to any improvements or features that result from such Feedback.
• Third-Party IP: You also represent and warrant that any content you upload or submit to Pro5 (for example, a job description, a profile picture, a resume) does not violate the intellectual property or privacy rights of any third party. For instance, you should not upload copyrighted material (like someone else’s written profile or a logo you don’t have rights to use) or confidential information that you are not authorized to share. Pro5 is not responsible for any user-provided content, but we may remove or disable content that is reported and found to infringe on others’ rights.

In summary, Pro5 owns the platform and everything that comes with it, and you own your personal data and content. Each party’s content should only be used in the ways allowed by these Terms. Any unauthorized use of Pro5’s intellectual property or misuse of user data outside the platform’s intended function is strictly prohibited and may result in account termination (Section 8) and legal consequences.

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10. Service Disclaimers

Pro5 provides its platform and services “as is” and “as available”. While we strive to offer the best possible service, we cannot guarantee that the platform will always function flawlessly or meet every user’s expectations. This section outlines important disclaimers and limitations of liability:

• No Warranty of Uninterrupted Service: Pro5 does not guarantee continuous, uninterrupted, or    error-free operation of the platform. You acknowledge that the platform may occasionally be unavailable due to scheduled maintenance, upgrades, or unforeseen outages. There is no Service Level Agreement (SLA) or promise of specific uptime. We will, however, make reasonable efforts to inform users of significant outages or maintenance windows and to restore service as soon as practicable in the event of downtime.
• No Warranty on Accuracy or Completeness: Pro5 makes no warranty that the information or content presented on the platform (including AI recommendations, candidate profiles, job descriptions, analytics, or any other data) is accurate, complete, or reliable. Users are responsible for verifying information they obtain through Pro5. For example, Pro5 does not guarantee that every candidate’s resume is free of errors or that every job description is perfectly described. We do not vet every piece of content in real-time, though we may perform certain checks and moderation.
• Disclaimer of Other Warranties: To the fullest extent permitted by law, Pro5 disclaims all warranties, express or implied, in connection with the platform and services. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pro5 does not warrant that the services will meet your specific requirements, that the AI suggestions will make your hiring perfect, that any candidate is guaranteed to be suitable, or that the platform will help you find a job. All services are provided on a “best effort” basis, and using the platform is at your own risk.
• Limitation of Liability: To the maximum extent permitted by law, Pro5 (and its affiliates, officers, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) Pro5. This is true even if we have been advised of the possibility of such damages. In no event shall Pro5’s total cumulative liability for any claims arising under these Terms exceed the amount you paid to Pro5 (if any) in the 12 months immediately preceding the event that gave rise to the liability. If  you have paid no fees to Pro5 (for example, if you are a candidate on a free account), Pro5’s liability for any claim will be zero to the extent allowed by law. Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you; in such cases, Pro5’s liability will be limited to the smallest amount permitted by applicable law.
• No Liability for External Actions: Pro5 is not responsible for the actions or omissions of any third parties or other users of the platform. This includes the content that users post (jobs, profiles, messages), the decisions that employers or candidates make, or any dealings outside of the platform that may have originated through Pro5. For example, if an employer misrepresents a job or fails to follow through on an offer, or if a candidate misrepresents their qualifications, those matters are between the parties involved – Pro5 is not liable for any resulting disputes or damages. Similarly, any websites or services that may be linked from Pro5 are not under our control, and we are not responsible for their content or any damages you may incur by visiting them.
• No Guarantee of Results: Pro5 does not guarantee any specific results from using the platform, whether it’s the number of candidates you’ll see, the quality of job offers you’ll get, the speed of hiring, or any outcome whatsoever. Success in hiring or job hunting depends on many factors outside Pro5’s control. The platform is a tool to facilitate connections and provide insights, but it cannot ensure that users will act or that external factors will cooperate.
• Release: Because Pro5 is not involved in the actual face-to-face dealings or employment agreements between users, you agree to release Pro5 from any claims, demands, and damages arising out of disputes between users of the platform. This means that if you have a dispute with another user (e.g., an employer and a candidate have a disagreement), you release Pro5 from liability associated with that dispute.

In summary, Pro5 provides a platform to assist with recruitment, but we cannot promise perfection or accept liability for unforeseen issues. You acknowledge that there are risks inherent in using any online platform, especially one involving career and hiring decisions, and you agree that to the extent you incur any losses, Pro5’sliability is limited as set forth above.

Note: If applicable law provides any warranties or liabilities that cannot be excluded or limited by contract, then such statutory provisions will apply, but only to the minimum extent required by law, and not as an expansion of any warranty or liability in these Terms.


11. User Reviews & Testimonials

Pro5 values user feedback and may provide opportunities for you to share your experiences through reviews or testimonials. By submitting any review, rating, feedback, or testimonial(including text, audio, or video content) about your experience with Pro5, you agree to the following terms regarding that content:

• Consent to Display: You grant Pro5 permission to publish and display your review or testimonial (along with your provided rating and any personal attributes you choose to share, such as your first name, job title, company, and perhaps a profile photo or video) on our website, social media, or other marketing materials. For example, if you provide a 5-star rating and a comment about how Pro5 helped you hire quickly, we might show that comment on our homepage or in promotional brochures. If you record a video testimonial, we might share that video (edited for length/clarity if needed) on our site or YouTube channel.
• License to Use Your Content: You retain ownership of your review or testimonial content, but by submitting it, you give Pro5 a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, distribute, and prepare derivative works of the content. This license allows us to, for instance, quote your testimonial in a case study or translate your review into another language if we serve international audiences. We will not materially alter the meaning of your statements, though we might correct minor typos or shorten a testimonial for brevity. If your testimonial is in video form, we may extract excerpts or still images for use in conjunction with the testimonial.
• No Compensation: Unless otherwise agreed separately, Pro5 is not obligated to provide you any compensation for your reviews or testimonials. They are understood to be voluntary and based on your genuine experience. We greatly appreciate users who take the time to share feedback, but it is typically for the benefit of the community and platform reputation, not a paid endorsement.
• Authenticity and Guidelines: By submitting a review/testimonial, you promise that your feedback is honest and based on your real experience with Pro5. If you are an employer user giving a testimonial, you should genuinely have used Pro5 for hiring; if you’re a candidate, you should have used it in your job search. You should not include false statements or unlawful content in a testimonial (e.g., hate speech, personal data about someone else without permission). Pro5 reserves the right to refuse, remove, or edit reviews that contain inappropriate content, violate privacy, or appear inauthentic. However, Pro5 will generally not remove or modify legitimate reviews just because they are critical – we welcome constructive feedback and diverse opinions.
• Attribution: When displaying your review or testimonial, Pro5 might attribute it to you by using certain profile information (as mentioned, e.g., name, title, company, location). We will not publish your contact information or full name without permission; typically, we might do something like “— Jane D., Tech Recruiter at XYZ Corp, on using Pro5” alongside a quote from your feedback. If you prefer to remain anonymous or use only initials, please let us know when providing the testimonial, and we will endeavor to accommodate that.
• Withdrawal of Consent: If you provide a testimonial or review and later change your mind about having it displayed, you can contact us at team@pro5.ai to request its removal or update. We will make reasonable efforts to cease further use of your testimonial in new materials. (Do note that we may not be able to immediately remove content from all distribution channels – for example, a printed brochure already in circulation – but we will stop using it in future materials and online where possible.)

By sharing reviews and testimonials, you help other users understand the value of Pro5 and provide us with valuable insights. We appreciate your honest feedback and reserve the right to showcase it in line with the terms above.

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12. Dispute Resolution & No Collective Lawsuits

We hope to resolve any disagreements in a fair and amicable manner. This section describes how disputes will be handled and includes an important waiver of the right to bring or participate in class-action lawsuits:

• Initial Resolution Efforts: In the event of any dispute, claim, or controversy between you and Pro5 arising out of or relating to these Terms or your use of the platform, both you and Pro5 agree to first attempt to resolve the issue informally. You can start by contacting us at team@pro5.ai and providing a description of the issue along with any relevant details. Pro5 will attempt in good faith to respond and resolve the matter through discussion. Many concerns can be resolved quickly through our support team without formal proceedings.
• Individual Resolution: You and Pro5 agree that any dispute will be resolved only on an individual basis, and not in a class, consolidated, or representative action. This means:
   
  • No Class Actions: You waive your right to participate as a plaintiff or class member in any purported class or collective lawsuit, class arbitration, or any other representative proceeding against Pro5.
   
  • No Joinder of Claims: Disputes of one user will not be combined with disputes of any other users. Each case will be heard (whether in court or arbitration) separately.
   
  • No Private Attorney General: You also waive any right to bring a lawsuit on behalf of the general public or other users, such as a private attorney general theory.

The above waivers are fundamental elements of the agreement between you and Pro5. If for any reason they are judged to be unenforceable or invalid, then the entirety of this Dispute Resolution section (or at least the class action waiver) may be deemed null, but the rest of these Terms shall remain in effect. In such a case, disputes would be handled by the courts as set forth in Section 13, but only on an individual (non-class) basis.

• Governing Law and Forum: Any dispute not resolved informally shall be governed by and construed in accordance with the laws specified in Section 13 (Governing Law) of these Terms. Unless otherwise required by applicable law, any legal action or proceeding must be brought in the specified jurisdiction (also in Section 13). Both parties consent to that jurisdiction and venue.
• Opt-Out (if applicable): If you are a new user, you may have the right to opt out of the foregoing class action waiver by sending a written notice to Pro5 within 30 days of accepting these Terms, expressly stating that you opt out of the dispute resolution class action waiver. (Include your name, account info, and a clear statement.) However, by agreeing to these Terms without opting out, ou indicate your acceptance of this class action waiver.
• Continued Availability of Court Remedies: This section is not intended to mandatorily require arbitration or any particular form of resolution (unless separately agreed, such as an arbitration clause in a contract). It primarily emphasizes no collective lawsuits. You and Pro5 still have the right to go to court to resolve claims (subject to the individual-only stipulation), unless the parties mutually agree to alternative dispute resolution (like arbitration or mediation). If there is a separate arbitration agreement in your contract with Pro5, those terms apply; otherwise, disputes will be handled in court on an individual basis as stated.

In essence, any dispute between you andPro5 must be resolved one-on-one. By using Pro5, you give up the right to sue as part of a group or class action against Pro5. We encourage users to reach out and allow us the opportunity to address concerns before resorting to legal action.


13. Amendments & Governing Law

Amendments (Changes to Terms): Pro5 may update or modify these Terms and Conditions from time to time as our business, technology, and legal requirements evolve. When we make changes, we will do so in good faith and, if the changes are material, we will provide appropriate notice to users. Notification may occur by posting the revised Terms on our website with a new “Last Updated” date, by emailing the updated Terms to the address associated with your account, or through in-platform alerts. It is your responsibility to review these Terms periodically. Continued use of Pro5 after changes are posted or communicated constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the platform and, if necessary, terminate your account.

For transparency, we will typically provide advance notice (e.g., 15 or 30 days) for major changes that negatively affect your rights or obligations, except in urgent situations such as to comply with law or close security loopholes (which might require immediate effect). Minor updates that do not significantly alter your rights (such as clarifications or typo corrections) may be effective immediately upon posting.

Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Singapore. This governing law will apply regardless of conflict of law principles that might otherwise direct the law of another jurisdiction.

Jurisdiction and Venue: You agree that any legal proceedings (subject to the individual dispute resolution requirement in Section 12) shall be brought in the courts of Singapore, and you consent to the personal jurisdiction of those courts. You also agree that those courts are a convenient forum for any such dispute, and you waive any objections to jurisdiction or venue in those courts (such as claims that the forum is inconvenient or improper).

No Waiver: The failure of Pro5 to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Pro5. If Pro5 does waive a default or breach by you, that waiver does not mean we will automatically waive any later default or breach by you or anyone else.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall been forced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties (you and Pro5)agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent if any invalid provision must be reformed.

Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy and any separate written agreement you have with Pro5, such as a subscription or service contract) constitute the entire agreement between you and Pro5 regarding your use of the platform. They supersede all prior understandings or agreements (whether oral or written) concerning the same subject matter. In case of a conflict between these Terms and a separately negotiated contract you have with Pro5, the terms of the separate contract will usually prevail for the subject matter of that contract.

Assignment: You may not assign or transfer any rights or obligations under these Terms without Pro5’s prior written consent. Pro5 may freely assign or transfer these Terms (for example, in the event of a merger, acquisition, sale of assets, orby operation of law) without notice to you. These Terms will inure to the benefit of and be binding upon the parties’ respective successors and permitted assigns.

Contact Information: If you have any questions or concerns about these Terms or any other policies, you can contact Pro5 at team@pro5.ai or through our customer support channels. We value open communication and will do our best to address your needs.

By using Pro5, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be legally bound by them. We thank you for using Pro5 and for helping us maintain a fair and effective platform for everyone.‍