Terms of Service

1. Definitions

• SIKER, we, us or our means SIKER, trade name of the service operator.
• Services means the Seek, TalentOS and PathMaker platforms, including associated websites, APIs, mobile applications and business tools operated by SIKER.
• User, you or your means any natural or legal person who accesses or uses the Services, including individual subscribers, business customers and institutional users.
• Account means the credentials and profile you create to access the Services.
• Content means any text, data, files, assessments, career profiles, generated materials or other information created, uploaded, submitted or made available through the Services.
• AI Outputs means any text, analysis, recommendation, score, pathway, or other content generated by SIKER's artificial intelligence systems in response to user inputs or profile data.
• Enterprise Customer means a company, employer, university, college, or other organization that has executed a subscription or enterprise agreement with SIKER to deploy the Services to its employees, students, or members.
• Subscription means a paid plan that provides access to specific functionalities of the Services for a defined period.

2. Eligibility

To use the Services, you must:

• Be at least 13 years of age (or the minimum age applicable in your jurisdiction). Users between the ages of 13 and 17 must have verifiable parental or guardian consent or access the Services through an authorized institutional account.
• Have legal capacity to enter into a binding contract.
• You are not prohibited from using the Services under the applicable laws of your jurisdiction.
• Provide accurate and up-to-date registration information.

Business Customers represent and warrant that they have the authority to bind their organization to these Terms and any applicable Order Form or Business Agreement. The Business Customer is responsible for ensuring that end users meet the eligibility requirements and are informed of the applicable terms.

3. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, complete and up-to-date information during registration and promptly update it if it changes.
• Create a strong password and enable multi-factor authentication if offered.
• Notify SIKER immediately at support@siker.info of any unauthorized use of your account or any other breach of security.
• Do not share your account credentials with any third party.

SIKER reserves the right to suspend or terminate accounts that have been created with false information, used in violation of these Terms, or that have been inactive for more than 24 consecutive months upon written notice.

4. Subscriptions, Fees and Payments

4.1 Free and Paid Plans

SIKER offers free access to basic features and paid Subscription plans that unlock premium features. Plan features and indicative pricing are described at https://siker.info/choose-your-solution.

4.2 Billing

Paid Subscriptions are billed in advance on a monthly or annual basis, as selected in the checkout process. All fees are expressed in US dollars unless otherwise specified in an Order Form. SIKER uses Stripe as a payment processor. By providing payment information, you authorize SIKER to charge the applicable fees to your payment method.

4.3 Automatic Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless you cancel at least 48 hours before the renewal date through your account settings or by contacting us at billing@siker.info. Cancellation takes effect at the end of the current billing period; you will retain access until that date.

4.4 Refunds

All fees are non-refundable except as required by applicable law. SIKER may, at its sole discretion, offer credits or refunds in exceptional circumstances. For Business Customers, refund terms are governed by the applicable Business Agreement.

4.5 Taxes

You are responsible for all applicable taxes, levies or duties imposed by taxing authorities. SIKER will collect applicable value added tax (VAT) or goods and services tax (GST) where required by law and will issue electronic invoices upon request.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. The following uses are strictly prohibited:

• Upload, transmit or share content that is unlawful, defamatory, harassing, threatening, fraudulent, pornographic or infringes the intellectual property rights of third parties.
• Attempt to gain unauthorized access to any part of the Services, SIKER infrastructure or another user's account.
• Use automated tools, bots, crawlers or scripts to access the Services or extract data without the prior written consent of SIKER.
• Interfere with or disrupt the integrity or performance of the Services, including by transmitting malware, ransomware, or other harmful code.
• Impersonate any person or entity, or falsely represent your affiliation with any person, organization or institution.
• Use AI Outputs to make important decisions about people, including hiring, admissions or financial decisions, without appropriate human review.
• Resell, sublicense or otherwise commercialize the Services or AI Outputs without the written authorization of SIKER.
• Use the Services to facilitate discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, national origin, age, or other protected characteristics.
• Circumvent any content filtering, access control or security features of the Services.

Violations of this section may result in the immediate suspension or termination of your account and may be reported to appropriate legal authorities.

6. Intellectual Property

6.1 Intellectual Property of SIKER

All software, algorithms, AI models, interfaces, designs, trademarks, logos, brand elements, documentation, product methodologies and other proprietary materials that comprise or underlie the Services are owned by or licensed to SIKER and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely as described in these Terms and your applicable Subscription plan.

6.2 User Content and License

You retain ownership of any Content you submit to the Services, including career profiles, assessment responses, uploaded documents, and custom settings. By submitting Content, you grant SIKER a worldwide, royalty-free, sublicensable license to use, process, display and analyze such Content solely to the extent necessary to: (a) operate and improve the Services; (b) generate AI Outputs for your benefit; and (c) comply with applicable law.

6.3 AI Outputs

The AI Outputs generated by the Services are provided for informational and personal use purposes only. SIKER does not claim copyright ownership of AI Outputs generated solely from your inputs. However, you acknowledge that similar results may be generated for other users, and that SIKER reserves the right to use AI Outputs in aggregated and anonymized form to improve its models, provided that such use is in accordance with applicable privacy law and, where necessary, only with your prior consent.

6.4 Feedback

If you provide SIKER with feedback, suggestions or ideas regarding the Services, you grant SIKER an irrevocable, perpetual, royalty-free, worldwide license to use such feedback for any purpose without compensation to you.

7. Career Recommendation Disclaimer (Seek)

SEEK AI RECOMMENDATIONS DO NOT CONSTITUTE CERTIFIED CAREER GUIDANCE, PSYCHOLOGICAL ASSESSMENT, VOCATIONAL ASSESSMENT OR ANY FORM OF LICENSED PROFESSIONAL ADVICE. ALL CAREER MATCHES, PATH SUGGESTIONS, JOB RECOMMENDATIONS AND OCCUPATIONAL ANALYSIS PROVIDED THROUGH SEEK ARE GENERATED BY MACHINE LEARNING ALGORITHMS BASED ON THE DATA YOU PROVIDE AND PUBLIC LABOR MARKET INFORMATION.

Career outcomes depend on a wide range of individual, economic and market factors that Seek's algorithms cannot fully anticipate. SIKER does not guarantee that any recommended career path will result in employment, career advancement, salary results, or any other specific consequences. It is strongly recommended that you consult with qualified career counselors, academic advisors, and professionals in your areas of interest before making significant educational or career decisions.

8. Educational Guidance Disclaimer (TalentOS)

TALENTOS IS A TALENT INTELLIGENCE TOOL DESIGNED TO ASSIST EDUCATIONAL INSTITUTIONS AND EMPLOYERS IN UNDERSTANDING AGGREGATE TALENT TRENDS AND INDIVIDUAL SKILLS PROFILES. TALENT SCORES, ANALYZES AND REPORTS DO NOT CONSTITUTE ACADEMIC CREDENTIALS, PSYCHOLOGICAL ASSESSMENTS, DIAGNOSTIC EVALUATIONS OR BINDING RECOMMENDATIONS FOR ADMISSION, PLACEMENT, RECRUITMENT OR ADVANCEMENT.

Educational institutions and employers using TalentOS are solely responsible for ensuring that any decisions affecting individual students, employees or candidates are made by qualified human professionals who give appropriate weight to all relevant factors. SIKER expressly disclaims any responsibility for employment, admission or academic actions decisions based on TalentOS results without independent human review.

9. AI Outputs Disclaimer

AI OUTPUTS ARE PRODUCED PROBABILISTICALLY AND MAY CONTAIN ERRORS, INACCURACIES, CULTURAL OR GEOGRAPHICAL BIAS, OUTDATED INFORMATION, OR RESULTS THAT DO NOT REFLECT YOUR SPECIFIC CIRCUMSTANCES. AI OUTPUTS ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

You agree to: (a) review all AI Outputs critically before relying on or distributing them; (b) not present the AI ​​Results as written works of independent human authorship in any context where doing so would be misleading or contrary to applicable rules or policies; and (c) take sole responsibility for any AI Outputs that you post, distribute or act upon.

10. Service Availability

SIKER PROVIDES THE SERVICES ON AN AS IS AND AS AVAILABLE BASIS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE RESERVE THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE ANY FUNCTIONALITY OR ASPECT OF THE SERVICES AT ANY TIME, WITH REASONABLE PRIOR NOTICE WHERE POSSIBLE.

SIKER seeks to maintain high levels of Service availability for paid Subscription plans. Specific availability commitments for Enterprise Customers are agreed to in writing in the applicable Service Level Agreement. No availability commitment applies to free tier accounts.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: SIKER'S ENTIRE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SIKER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

IN NO EVENT SHALL SIKER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SIKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.

12. Indemnification

You agree to defend, indemnify and hold harmless SIKER and its officers, directors, officers, employees, subcontractors and agents from and against all claims, damages, losses, liabilities and expenses arising out of or related to: (a) your use of the Services; (b) your Content; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) your violation of any third party rights.

13. Termination

Either party may terminate these Terms and your access to the Services at any time. You can do this by closing your account through your account settings or by contacting us at support@siker.info. SIKER may suspend or terminate your account immediately upon a material violation of these Terms, fraudulent or illegal activity, or if required by law.

Upon termination: (a) your license to use the Services immediately ceases; (b) SIKER will delete or anonymize your personal data in accordance with the Privacy Policy; (c) the provisions that by their nature should survive, including intellectual property, disclaimers, limitations of liability, indemnification and applicable law.

14. Applicable Law and Dispute Resolution

These Terms are governed by the laws applicable according to the jurisdiction of the operating entity at the time of the dispute.

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through informal negotiation within 30 days shall be subject to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English or Spanish, remotely, unless both parties agree otherwise. The arbitrator's award will be final and binding.

Class Action Waiver: You and SIKER each waive the right to engage in class action litigation or class-wide arbitration. All disputes will be resolved individually. Users in the European Union retain the right to file complaints with their local courts or competent supervisory authorities.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Cookies Policy, AI Policy and any applicable Order Forms, constitute the entire agreement between you and SIKER with respect to the Services.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Failure to enforce any provision of these Terms will not constitute a waiver of their future enforcement.
• Assignment: You may not assign your rights under these Terms without SIKER's written consent. SIKER may assign these Terms in the context of a merger, acquisition or sale of assets.
• Notices: Legal notices to SIKER should be sent to legal@siker.info. We will send notifications to the email address associated with your account.
• Force Majeure: SIKER will not be liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including natural disasters, pandemics, cyber attacks or government actions.
• Updates: SIKER may update these Terms by posting a revised version with an updated effective date. Material changes will be communicated at least 30 days in advance.

Personal data processing is governed by our Privacy Policy, the Subprocessors list, and the AI Transparency & Responsible Use Policy.

Legal contact

Legal notices to SIKER: legal@siker.info

legal@siker.info