Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern access to and use of the Agentic Blue services (the "Services") provided by BlacNox Sdn. Bhd. (registration number 202501033093 / 1634503-H), a company incorporated in Malaysia ("Agentic Blue", "we", "us" or "our"). By creating an account, ticking the box to accept these Terms or using the Services, the organisation on whose behalf you act ("Customer", "you" or "your") agrees to these Terms. If you accept on behalf of an organisation, you confirm that you have authority to bind it.

The Data Processing Agreement in the Schedule forms part of these Terms. If there is a conflict, an order form signed by both parties prevails, then the Data Processing Agreement, then these Terms.

2. The Services

The Services are a recruiting platform. Depending on the features enabled for your workspace, they let you search for candidates with AI, save candidates to projects and a talent pool, publish job openings and receive applications, screen and rank CVs with AI, draft job descriptions and messages, contact candidates, and run AI screening interviews.

Candidate search uses third-party people search and web search providers that index publicly available professional profiles. We may add, modify or remove features. We will give at least 30 days' notice before removing a feature included in your paid subscription.

3. Accounts and Users

You must provide accurate information when you create an account. Each seat may be used by one named individual (a "User"). Seats may not be shared, but may be reassigned when a User leaves your organisation.

You are responsible for your Users, for keeping login credentials confidential, and for all activity under your account. You must notify us promptly at hello@agenticblue.ai of any unauthorised use.

4. Free Plan

We may offer a free plan with limited features and a limit of 3 AI searches per month. The free plan is provided without any service commitment and may be changed or discontinued at any time.

5. Fees and Payment

Subscriptions are charged per seat per month, at the prices shown on our pricing page or in an order form. Each subscription includes a monthly usage allowance, including AI searches.

Invoicing and payment. BlacNox Sdn. Bhd. invoices monthly in advance, in Malaysian ringgit for customers in Malaysia and in US dollars for customers elsewhere. Invoices are due within 7 days of the invoice date, by bank transfer or DuitNow. Your subscription starts when we receive payment.

Renewal and cancellation. Subscriptions renew automatically each month until cancelled. You may cancel by emailing hello@agenticblue.ai before your next invoice date. Cancellation takes effect at the end of the current paid month.

Refunds. Fees are non-refundable, except where required by law.

Usage allowances. Usage allowances reset each month, do not roll over and have no cash value. An AI search is a new search or a Find More request. Viewing results pages, opening profiles, saving and hiding do not count as AI searches.

Fair use. We may temporarily limit usage that threatens the stability of the Services, and will notify you if we do.

Founding customer pricing. Founding customer pricing is fixed for 12 months from the first paid month, provided the subscription continues without interruption.

Price changes. We will give at least 30 days' notice of any price change by email. New prices apply from the first invoice after the notice period.

Taxes. Fees exclude taxes. If we become registered for sales and service tax, the applicable tax will be added to our invoices.

Late payment. If any amount remains unpaid 14 days after its due date and after written notice, we may move your workspace to the free plan until payment is received. Your data will be retained.

6. Customer Data

"Customer Data" means all data submitted to the Services by you, your Users or your candidates, including CVs, applications, interview transcripts and recordings, notes, messages and candidate profiles saved from Search Results.

You retain all rights in Customer Data. We process Customer Data only to provide the Services and in accordance with the Data Processing Agreement.

You are responsible for the accuracy and legality of Customer Data, for having a lawful basis to collect and use candidates' personal data, including giving any required privacy notice and obtaining any required consent, and for complying with the terms of job boards and other sources you use.

You control data retention settings and are responsible for deleting candidate data you no longer need. AI Interviewer video recordings are deleted 30 days after the interview.

7. Search Results and Candidate Data

Source and accuracy. Results returned by candidate search ("Search Results") are compiled from third-party sources that index publicly available professional profiles and web pages. We do not verify Search Results and do not guarantee that they are accurate, complete or current. You are responsible for verifying information before you rely on it.

Data controller. You are the data controller of the personal data in Search Results returned to you and of any candidate you save, contact or retain. We process that data on your behalf as your data processor.

Permitted use. You may use Search Results only for your internal recruiting purposes or, if you are a recruitment agency, to fill roles for your clients.

Restrictions. You must not: (a) sell, license, rent, disclose or otherwise make Search Results available to any third party, except to a hiring client in connection with a specific role; (b) use Search Results to create, supplement or sell any list or database; (c) export or copy Search Results in bulk, other than through features we provide; (d) use Search Results for marketing, sales or fundraising; (e) use Search Results to make decisions about credit, housing, insurance or any purpose other than recruiting, or as a consumer report or background check; (f) use Search Results to infer or record sensitive personal data, such as race, religion, health or sexual orientation; or (g) disclose to a candidate's current employer that the candidate may be seeking a new role.

Contacting candidates. Your communications must be sent to individual candidates, relate to a genuine role, and identify you and your organisation. You must promptly honour any request to stop contacting a person, must not send unsolicited bulk messages, and must comply with applicable laws on direct marketing and electronic communications, including the Personal Data Protection Act 2010. We may limit the volume of messages sent through the Services.

Requests from individuals. If an individual asks you to delete their data or to stop contacting them, you must do so. If an individual asks not to appear in Search Results, you must hide them in your workspace and notify us at hello@agenticblue.ai so that we can act on the request.

Third-party provider terms. You must comply with any usage restrictions imposed by our data providers that we notify to you.

8. AI Features

AI features generate output ("AI Output") that may be inaccurate, incomplete or biased. AI Output is provided for your review and is not a recommendation or decision. A qualified person must review AI Output before you rely on it.

The Services do not reject candidates automatically. You must not make a decision to reject, hire or set the pay of a candidate based solely on AI Output. You are solely responsible for your hiring decisions and for complying with applicable employment and anti-discrimination laws.

Where required by law, you must notify candidates of the use of AI, offer any required alternative process, and arrange any required bias audit (for example, for roles in New York City).

AI Interviewer. Before an interview starts, candidates are informed that the interview is conducted by an AI assistant, that it is recorded, and that they may stop at any time. You must not alter or remove this notice.

You must not use AI Output to train any AI model or to develop a competing product.

Customer Data is processed by the AI model providers listed in the Data Processing Agreement to generate AI Output. Under the terms that apply to our use, they do not use Customer Data to train their models.

9. Acceptable Use

You must not, and must not permit any User or third party to: (a) use the Services in breach of any law or third-party right; (b) scrape, crawl or use automated means to access the Services, other than through features we provide; (c) copy, modify, reverse engineer, resell or sublicense the Services, or use them to build a competing product; (d) circumvent any usage limit, security measure or access control, or carry out security testing without our written consent; (e) upload malicious code or interfere with the Services; or (f) submit personal data that is not needed for recruiting, such as national identity numbers, unless required by law for the hire.

10. Third-Party Services and Beta Features

Some features have additional terms that you accept in the product (for example, the Talent Network). Those terms supplement these Terms.

The Services work with third-party services, such as job boards, LinkedIn, Google, WhatsApp and email providers. Your use of those services is governed by their terms, and we are not responsible for them.

Features identified as beta or preview are provided "as is", may change or be discontinued at any time, and are excluded from any service commitment.

11. Availability and Support

We use reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance and will give notice of planned downtime where practicable. Support is provided by email at hello@agenticblue.ai. Service levels apply only where agreed in an order form.

12. Confidentiality

Each party will keep the other party's confidential information confidential and use it only to perform these Terms. This obligation does not apply to information that is publicly available, already known to the receiving party, independently developed, or required to be disclosed by law.

13. Intellectual Property

We and our licensors own all rights in the Services. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Services for your internal recruiting purposes during your subscription.

You own Customer Data and your content, such as job descriptions and logos, and you grant us a licence to host and process them to provide the Services.

We may use any feedback you provide without restriction. We may use aggregated and de-identified data, which does not identify you or any individual, to operate and improve the Services.

14. Term, Suspension and Termination

These Terms apply from the time you accept them until your subscription ends and your workspace is closed. You may cancel at any time under section 5.

We may suspend or terminate your access if you materially breach these Terms, if your use poses a security risk, or for non-payment, with notice where practicable. We may suspend access immediately to prevent misuse of personal data under section 7 or section 9.

After termination, you may export Customer Data for 30 days. After that period, on your request, we will delete Customer Data within 60 days, except where we are required by law to retain it.

15. Warranties and Disclaimer

Each party warrants that it has the authority to enter into these Terms. Except as expressly stated in these Terms, the Services, including Search Results and AI Output, are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

16. Limitation of Liability

Neither party is liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data or goodwill.

Each party's total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid by you in that period, or RM 200 if you use only the free plan.

We are not liable for your hiring decisions or for communications you send to candidates.

These limits do not apply to fraud, death or personal injury caused by negligence, your payment obligations, or either party's indemnification obligations.

17. Indemnification

You will defend and indemnify us against third-party claims arising from Customer Data, your use of Search Results, your communications with candidates, your hiring decisions, or your breach of section 7, 8 or 9.

We will defend and indemnify you against third-party claims alleging that the Services, used in accordance with these Terms, infringe a third party's intellectual property rights. This does not apply to claims arising from Customer Data, third-party services, or modifications or combinations made by you.

The party seeking indemnification must notify the other party promptly of the claim, allow it to control the defence and settlement, and provide reasonable cooperation at its expense.

18. Changes to These Terms

We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Services, and may ask Users to accept the updated Terms. Changes do not apply to disputes that arose before they took effect.

19. Governing Law and Disputes

These Terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

20. General

Notices. Notices to you are sent to the email address of your account administrator. Notices to us must be sent to hello@agenticblue.ai.

Force majeure. Neither party is liable for any delay or failure caused by events beyond its reasonable control.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor to the Services on notice to you.

Publicity. We will not use your name or logo as a customer reference without your permission.

Entire agreement and severability. These Terms, together with any order form and the Data Processing Agreement, are the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions remain in effect. These Terms are written in English.

Schedule: Data Processing Agreement

1. Roles. For Customer Data, you are the data controller and we are your data processor under the Personal Data Protection Act 2010, as amended by the Personal Data Protection (Amendment) Act 2024 (the "Act"). For customers in Singapore, we are your data intermediary under the Personal Data Protection Act 2012 of Singapore. This Data Processing Agreement does not cover data for which we are the controller, such as our Users' account data, which our Privacy Policy covers.

2. Processing instructions. We process Customer Data only on your documented instructions, which are these Terms, the settings you choose, the features your Users use, and any other written instructions agreed by both parties. We will inform you if we believe an instruction breaches the law.

3. Your obligations. You will give candidates and other individuals any notice required by law, obtain any required consent or rely on another lawful basis, collect data from job boards and other sources only as their terms allow, set appropriate retention periods, and respond to individuals' requests to access, correct or delete their data, with our assistance under paragraph 7.

4. Confidentiality and security. Our personnel with access to Customer Data are bound by confidentiality obligations and access it only as needed for their work. We maintain appropriate technical and organisational measures to protect Customer Data, including encryption in transit and at rest (AES-256), logical separation of each workspace with access checks on every request, authentication through our identity provider without storing passwords in plain text, access to production data limited to authorised personnel, secrets stored outside the code, logging of key actions, and daily backups.

5. Sub-processors. You authorise our use of the following sub-processors, under their data protection terms: Supabase (database and file storage, Singapore); Railway (application hosting, Southeast Asia); Cloudflare (website delivery, email routing and cookieless analytics, global); Resend (email delivery, sent through Japan, with message content and logs stored in the United States for 30 days); Exa (people search over public professional profiles, United States); and the AI model providers Groq, OpenAI, Google (Gemini API), Together AI and OpenRouter (United States, or the model provider's location). We remain responsible for our sub-processors. We will give at least 30 days' notice by email or in the Services before adding or replacing a sub-processor. You may object on reasonable data protection grounds within that period; if we cannot resolve the objection, you may terminate the affected Services and receive a refund of any prepaid fees for them.

6. International transfers. Customer Data is stored in Singapore. Some sub-processors process it in other countries, as listed in paragraph 5. We transfer Customer Data outside Malaysia only as permitted by section 129 of the Act.

7. Assistance. We will provide reasonable assistance to help you respond to requests from individuals (the Services let you locate, export and delete an individual's data, and we will forward any request we receive), carry out risk assessments, and deal with the Personal Data Protection Commissioner.

8. Personal data breach. We will notify you without undue delay, and in any event within 24 hours, after becoming aware of a personal data breach affecting Customer Data. Our notice will describe, as far as known, the nature of the breach, the categories and approximate number of individuals and records affected, its likely consequences, and the measures taken or proposed, and we will update it as more information becomes available. We will assist you in meeting your obligations under section 12B of the Act. Our notification is not an acknowledgement of fault.

9. Return and deletion. When your workspace is closed, you may export Customer Data for 30 days. We will delete Customer Data within 60 days of your request, unless the law requires us to retain it. Backups expire in their normal cycle.

10. Information and use of data. We will answer your reasonable written questions about our protection of Customer Data. We do not use Customer Data for our own purposes, except to operate and secure the Services, to bill you, where a feature you enable provides otherwise (for example, the Talent Network, which relies on the candidate's own consent), and in aggregated and de-identified form.

11. Liability, term and Singapore. The limitations of liability in these Terms apply to this Data Processing Agreement, which remains in effect for as long as we process Customer Data. For customers in Singapore, we will protect Customer Data with reasonable security arrangements, cease to retain it or anonymise it when it is no longer needed, and notify you without undue delay if we have reason to believe a data breach has occurred.