Introduction

Welcome to the Fifth Element Academy Career Portal (the “Portal”). These Terms and Conditions (“Terms”) govern your use of the Portal, which leverages advanced AI solutions for matchmaking, course recommendations, career paths, pre-screening interviews, job posting creation, and other related services. By accessing or using our Portal, you agree to comply with and be bound by these Terms.

Definitions

• “Portal” refers to the Fifth Element Academy career portal that provides AI-driven career services.
• “Company” refers to any business or organization that uses the Portal to find and recruit job seekers.
• “Job Seeker” refers to an individual seeking employment opportunities and using the Portal to create a profile, upload a CV, or participate in pre-screening interviews.

Use of the Portal

1. Eligibility: To use the Portal, your company must be a legally established entity capable of entering into a legally binding agreement.
2. Account Registration: Companies must create an account to access certain features of the Portal. You agree to provide accurate and complete information during registration and to update such information to keep it accurate and complete.
3. Company Services: Companies can access the job seeker directory, view CVs and other job seeker details, and use AI-driven tools to find suitable candidates.
4. User Responsibilities: Companies are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Companies agree not to use the Portal for any unlawful or prohibited activities.

Services

The Portal offers various services including AI solutions for matchmaking, course recommendations, career path suggestions, pre-screening interviews, and job posting creation. Companies can access job seeker profiles and related information, with the responsibility to review and verify AI-generated content before use.

Non-Disclosure Agreement (NDA) Elements

1. Confidential Information: Companies agree to keep all confidential information obtained through the Portal confidential and not disclose it to any third party without prior written consent. Confidential information includes, but is not limited to, business plans, job seeker details, company requirements, and proprietary algorithms.
2. Permitted Disclosure: Confidential information may only be disclosed to those employees or representatives who need to know such information for the purposes of the Portal and who are bound by confidentiality obligations.
3. Return or Destruction: Upon termination of these Terms or upon request by the Portal, Companies must return or destroy all confidential information in their possession.

Fair Use Policy

1. Acceptable Use: Companies agree to use the Portal for its intended purposes only. Any misuse of the Portal, including but not limited to data scraping, unauthorized access, or use of automated systems, is strictly prohibited.
2. Company Content: Companies retain ownership of the content they upload to the Portal. By uploading content, Companies grant the Portal a non-exclusive, worldwide, royalty-free license to use, distribute, reproduce, and display such content solely for the purpose of providing the services of the Portal.
3. Prohibited Actions: Companies must not:
   • Use the Portal in a manner that infringes on the intellectual property rights of others.
   • Post or transmit any content that is unlawful, harmful, defamatory, or otherwise objectionable.
   • Attempt to gain unauthorized access to the Portal or its related systems or networks.
   • Misuse job seeker details for purposes other than recruitment as outlined by the Portal’s intended use.

Intellectual Property

1. Ownership: The Portal and its original content, features, and functionality are and will remain the exclusive property of the Portal owner and its licensors.
2. Restrictions: Companies agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Portal without express written permission.

Limitation of Liability

1. Disclaimer: The Portal is provided on an “as-is” and “as-available” basis. We make no warranties, expressed or implied, regarding the Portal’s functionality or availability.
2. Limitation: In no event shall the Portal or its owners be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
3. Candidate and Job Seeker Interactions: The Portal is not responsible for any interactions, agreements, or disputes that occur between companies and job seekers outside of matters related to the services of the Portal.

Termination

1. Termination by Company: Companies may terminate their account at any time by following the instructions on the Portal.
2. Termination by Portal: We reserve the right to terminate or suspend access to the Portal immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction where the Portal owner is established, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]