Terms of Use
Last Updated: 02.06.2025
1.1. The Service is operated by Talents Inc. ("Company", "we", "us", "our").
1.2. These Terms of Use ("Terms") constitute a legally binding agreement between you and the Company regarding your access to and use of the Talents.kids platform, website (www.talents.kids), AI Talent Curator, and related services (collectively, the "Service"). These Terms include our Privacy Policy which governs our collection, use and disclosure of your personal information.
1.3. By using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.
2.1. We may modify these Terms at any time. We will notify you of material changes at least 30 days in advance through notifications on the platform or via email associated with your account.
2.2. Your continued use of the Service after the notice period constitutes your acceptance of the modified Terms. If you do not agree with the new Terms, you must stop using the Service.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and specifically addresses the handling of children's data in compliance with COPPA, GDPR, and other applicable privacy regulations.
4.1. You must be at least 18 years old and able to form legally binding contracts to access or use the Service. Only parents or legal guardians may create accounts and upload content related to children under 18.
4.2. Parental Consent Required
By creating an account and uploading content related to a child, you represent and warrant that:
- (a) you are the parent or legal guardian of the child;
- (b) you have full legal authority to consent to the analysis of the child's data; and
- (c) you consent to the collection, processing, and analysis of the child's information as described in these Terms and our Privacy Policy.
4.3. To use the Service, you may be required to register for an account. When you register, you agree to provide accurate and complete information about yourself and the child(ren) whose content you upload, and to promptly update such information if it changes.
4.4. You are solely responsible for all activity occurring under your account, including any content you upload and any actions taken through your login credentials. You shall not allow others to use your account or share login credentials.
4.5. We reserve the right to suspend or terminate your account if you provide inaccurate information, violate these Terms, or engage in any prohibited conduct described herein.
5.1. You agree not to misuse the Service or assist others in doing so. Examples of misuse include:
(a) accessing or using the Service for any illegal, harmful, fraudulent, infringing or offensive use; (b) interfering with the proper functioning of the Service or AI analysis systems; (c) circumventing or manipulating our fee structure, billing process, or subscription limitations; (d) impersonating any person or entity or falsely claiming to be a parent/guardian; (e) uploading harmful, fraudulent, infringing, illegal, or inappropriate content involving children; (f) attempting to reverse engineer, hack, or extract our proprietary AI algorithms or training data; (g) harvesting any data or information from the Service; (h) using the Service for commercial purposes without our express written consent; (i) uploading content of children for whom you lack parental authority; (j) imposing an unreasonable load on our infrastructure.
5.2. Prohibited Content
You may not upload content that contains: nudity, sexually suggestive material, violence, illegal activities, copyrighted material you don't own, or any content that could be harmful to children or violate their dignity and privacy.
5.3. We reserve the right, but do not assume the obligation, to monitor use of the Service and content provided by users. We may investigate and take appropriate action in our sole discretion against any conduct that violates these Terms, including immediate suspension or termination of your account.
6.1. The Service allows you to upload, transmit, store, and display content related to children, including text, images, drawings, audio, video, and other materials ("User Content" or "Child Data").
6.2. Ownership and Rights: You retain ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free license to use, process, analyze, and derive insights from any User Content for the limited purposes of:
- (a) providing the talent analysis services;
- (b) operating and improving the Service;
- (c) training and improving our AI models; and
- (d) generating anonymized, aggregated insights for research purposes.
6.3. Representations and Warranties: You represent and warrant that:
- (a) you are the parent or legal guardian of any child whose content you upload;
- (b) you have full legal authority to consent to the processing of the child's data;
- (c) you have all necessary rights to grant us the license described above;
- (d) your User Content does not violate these Terms, any applicable law, or any third-party rights;
- (e) the content is authentic and has not been artificially generated or manipulated to mislead our AI systems;
- (f) you will not upload content that could reasonably be considered harmful, inappropriate, or exploitative of children.
6.4. Content Screening: While we have no obligation to pre-screen User Content, we reserve the right to remove any User Content at any time without notice, including if the content violates these Terms, applicable laws, or our content policies.
6.5. Data Retention: We may retain User Content and analysis results as described in our Privacy Policy. Upon account termination, we will handle data according to our data retention policies and applicable legal requirements.
7.1. AI-Powered Talent Analysis: Talents.kids provides AI-powered analysis of children's talents using a multi-agent artificial intelligence system. Our Service analyzes various types of content (drawings, texts, audio, video, structured data) to identify potential talents and provide developmental recommendations.
7.2. AI Talent Curator: Our AI Talent Curator provides personalized guidance using Retrieval-Augmented Generation (RAG) technology based on your child's analysis history. The Curator is available only with premium subscription plans (Flame and Beacon).
7.3. Multiple Intelligence Framework: Our analysis is based on established psychological theories including Howard Gardner's Multiple Intelligence Theory, François Gagné's DMGT Model, and other scientifically recognized frameworks.
7.4. Technology Stack: The Service utilizes multiple AI models from various providers (OpenAI, Anthropic, Google, Groq, Cerebras, and others) working in concert through our proprietary multi-agent architecture.
8.1. Educational Purpose Only: The talent analysis provided by our Service is for educational and developmental guidance purposes only. It is not a professional psychological assessment, medical diagnosis, or substitute for professional evaluation by qualified specialists.
8.2. AI Limitations: You acknowledge and understand that:
- (a) AI analysis may contain errors, inaccuracies, or limitations;
- (b) results are probabilistic assessments based on submitted content, not definitive determinations;
- (c) AI systems may exhibit biases or produce inconsistent results;
- (d) the analysis reflects patterns in submitted content and may not capture the full spectrum of a child's abilities;
- (e) developmental potential can change over time and is influenced by many factors beyond our analysis scope.
8.3. No Guarantees: We make no representations or warranties about the accuracy, completeness, reliability, or effectiveness of any AI analysis, recommendations, or insights provided through the Service.
8.4. Supplementary Tool: Our Service is intended to supplement, not replace, parental judgment, professional guidance, or educational assessment by qualified professionals.
8.5. Individual Variation: Every child is unique, and our analysis may not capture all aspects of a child's talents, potential, or developmental needs.
9.1. Our IP: The Service, including all AI models, algorithms, analysis frameworks, software, designs, trademarks, and proprietary methodologies, are owned by us, our licensors, and/or affiliates. We reserve all rights not expressly granted in these Terms.
9.2. Proprietary Technology: Our multi-agent AI architecture, analysis methodologies, and talent assessment frameworks constitute valuable trade secrets and proprietary information protected by intellectual property laws.
9.3. Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You have no right to sublicense this license.
9.4. Restrictions: You may not:
- (a) copy, modify, or reverse engineer any part of our Service;
- (b) attempt to extract or recreate our AI models or algorithms;
- (c) use our analysis methodologies outside the Service; or
- (d) create derivative works based on our proprietary technology.
10.1. Payment Methods: You may purchase subscriptions and services via credit card, debit card, PayPal, or other supported payment methods. By making a purchase, you authorize us to charge your provided payment method.
10.2. Subscriptions: We offer subscription plans (Spark, Flame, Beacon) with different features and AI Talent Curator access levels. Subscriptions automatically renew unless canceled. You can manage subscriptions through your account settings.
10.3. AI Talent Curator Billing: Premium plans include specified message allowances for the AI Talent Curator. Additional messages beyond your plan's allowance are charged on a pay-per-message basis according to your plan's pricing.
10.4. Refunds: All purchases are generally final and non-refundable, except as required by applicable law. Subscription cancellations take effect at the end of the current billing period.
10.5. Price Changes: We reserve the right to adjust pricing with 30 days' notice for future billing periods.
11.1. AI Service Providers: The Service utilizes artificial intelligence technologies from multiple providers including OpenAI, Anthropic, Google, Groq, Cerebras, and others for content analysis, talent assessment, and the AI Talent Curator functionality.
11.2. Data Processing: Third-party AI providers may process User Content solely for providing our Service. We ensure all providers comply with applicable privacy laws and implement appropriate data protection measures.
11.3. Technology Updates: We reserve the right to update, substitute, or discontinue any third-party AI models or technologies to improve service quality and accuracy.
11.4. No Third-Party Liability: We are not responsible for the performance, availability, or actions of third-party AI services, though we select providers based on quality and compliance standards.
THE SERVICE, ALL AI ANALYSIS RESULTS, TALENT ASSESSMENTS, AI TALENT CURATOR RESPONSES, AND ALL OTHER CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.
WE SPECIFICALLY DISCLAIM ANY WARRANTIES REGARDING:
- THE ACCURACY OR RELIABILITY OF AI ANALYSIS RESULTS
- THE EFFECTIVENESS OF DEVELOPMENTAL RECOMMENDATIONS
- THE ABSENCE OF ERRORS OR BIASES IN AI SYSTEMS
- THE COMPLETENESS OF TALENT ASSESSMENTS
- THE SUITABILITY OF RECOMMENDATIONS FOR ANY PARTICULAR CHILD
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AI TECHNOLOGY PROVIDERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM:
- USE OF OR RELIANCE ON AI ANALYSIS RESULTS
- DECISIONS MADE BASED ON TALENT ASSESSMENTS OR RECOMMENDATIONS
- INACCURATE OR INCOMPLETE AI ANALYSIS
- TECHNICAL FAILURES OR AI SYSTEM ERRORS
- ANY DEVELOPMENTAL OR EDUCATIONAL OUTCOMES
- LOSS OF USE, PROFITS, DATA, OR BUSINESS OPPORTUNITIES
OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED EUROS (€100).
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content or any claims that it infringes third-party rights; (d) your lack of parental authority for uploaded content; (e) any decisions made based on AI analysis results; (f) violation of any applicable laws or regulations.
15.1. Your Termination Rights: You may terminate your account at any time through the account settings. Termination is effective immediately, though data removal may take time as described in our Privacy Policy.
15.2. Our Termination Rights: We may terminate or suspend your account immediately if you violate these Terms, provide false information about parental authority, upload inappropriate content, or engage in prohibited conduct.
15.3. Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may retain certain data as described in our Privacy Policy and as required by law.
15.4. Survival: Provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
16.1. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
16.2. Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
16.3. Assignment: You may not assign these Terms without our written consent. We may freely assign our rights and obligations.
16.4. Updates and Modifications: We may update these Terms with reasonable notice. Continued use constitutes acceptance of updates.
16.5. Force Majeure: We are not liable for any failure to perform due to circumstances beyond our reasonable control, including AI service provider outages or technical failures.
17.1. Governing Law: These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.
17.2. Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except for claims seeking injunctive relief or involving intellectual property rights.
17.3. Class Action Waiver: You agree that any arbitration or court proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitration.
17.4. Jurisdiction: For matters not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in Delaware, United States.
If you have questions about these Terms or need to report concerns about content or AI analysis, please contact us at:
By using the Talents.kids Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and understand the limitations and disclaimers regarding AI-powered talent analysis.