Terms of Service

These Terms of Service ("Terms") govern your use of the observx.io platform and related services operated by The Talent Factory ("we", "us", "our"). By accessing or using the platform, you agree to be bound by these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

1. Definitions

• Platform — the observx.io SaaS application, APIs, and associated services
• Customer — the organization that subscribes to the platform
• User — an individual granted access by the Customer
• Customer Data — all data submitted to the platform by the Customer or its Users
• Subscription — the plan and billing period chosen by the Customer

2. Account Security

Each User account must be associated with a valid email address. The platform enforces a single active session per User — logging in on a new device or browser automatically invalidates any existing session. You are responsible for maintaining the confidentiality of your credentials. Notify us immediately at legal@tms-observx.com if you suspect unauthorized access to your account.

3. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of applicable employment, privacy, or discrimination laws
• Attempt to gain unauthorized access to other tenants' data or to platform infrastructure
• Reverse-engineer, decompile, or disassemble any portion of the platform
• Use automated scripts, bots, or scrapers to extract platform data
• Upload content that infringes third-party intellectual property rights
• Introduce malware, viruses, or other malicious code

4. Customer Data Ownership

You own your data. The Talent Factory does not claim any intellectual property rights over Customer Data. We process Customer Data solely to deliver the contracted services. Upon subscription termination, Customer Data will be made available for export for 30 days, then permanently deleted within 90 days unless otherwise agreed in writing.

5. Role-Based Access Control (RBAC)

Access to Customer Data within the platform is governed by the RBAC roles configured by the Customer's administrators. We enforce these roles at the API layer. The Customer is responsible for assigning appropriate roles to Users and for reviewing access rights periodically.

6. AI-Assisted Features

Certain platform features use AI models to assist with skills analysis, tiering recommendations, and staffing suggestions. These features are opt-in and require:

• Execution of a Data Processing Agreement (DPA) between the Customer and The Talent Factory
• Explicit activation by a Customer administrator

AI outputs are advisory only. No talent decision (promotion, tier assignment, staffing, termination) produced or influenced by an AI feature is final without human review and approval by an authorized administrator. The Talent Factory makes no warranty as to the accuracy of AI-generated recommendations.

7. Service Availability (SLA)

We target 99.5% monthly uptime for the platform API and application. Scheduled maintenance will be communicated at least 48 hours in advance. Downtime caused by third-party infrastructure providers (GCP), force majeure events, or Customer-caused issues is excluded from uptime calculations.

8. Intellectual Property

The Talent Factory and ObservX are trademarks of The Talent Factory. All platform software, design, documentation, and algorithms are our proprietary intellectual property. These Terms do not grant you any rights in our intellectual property beyond the limited right to use the platform as described herein.

9. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law. Confidential information includes, without limitation, pricing, technical architecture, and Customer Data.

10. Limitation of Liability

To the maximum extent permitted by applicable law, The Talent Factory's total liability arising from or related to these Terms shall not exceed the fees paid by the Customer in the 12 months preceding the claim. In no event shall either party be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits.

11. Indemnification

The Customer agrees to indemnify and hold harmless The Talent Factory from any claims, damages, or expenses arising from: (a) the Customer's use of the platform in violation of these Terms; (b) Customer Data that infringes third-party rights; or (c) the Customer's violation of applicable law.

12. Term and Termination

These Terms commence on the date you first access the platform and continue for the duration of your Subscription. Either party may terminate for material breach if the breach remains uncured for 30 days after written notice. We may suspend access immediately if we detect security threats, fraudulent activity, or violation of the acceptable use policy.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Arab Republic of Egypt, without regard to conflict of law principles. Disputes shall be resolved by binding arbitration under the Cairo Regional Centre for International Commercial Arbitration (CRCICA) rules, conducted in English. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to Customer administrators at least 30 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the revised Terms.

15. Contact

For legal enquiries, contract questions, or to request a Data Processing Agreement:
legal@tms-observx.com