Terms of Use

These Website Terms of Use (“Terms”) govern access to and use of kitahq.com and the public pages that link to these Terms (the “Site”). The Site is operated by Momentum Spark Pte. Ltd. (“KitaHQ”, “we”, “us” or “our”).

By using the Site, you agree to these Terms. If you do not agree, do not use the site.

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1. Website Terms only

These Terms apply to public website visitors and prospective customers. They do not govern:

• employer subscriptions or recruiter access to dash.kitahq.com;
• candidate interviews or recruitment processing performed for an employer; or
• services governed by an Order Form, Master Services Agreement or another written contract.

The applicable customer agreement governs paid services and prevails if it conflicts with these Website Terms. Candidate privacy and AI processing are described in the Privacy Notice and Candidate Guide; this website agreement does not make KitaHQ the employer or create an employment relationship.

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2. Capacity

If you use the Site on behalf of a business, you confirm that you have authority to act for that business. Nothing in these Terms restricts a candidate’s access to public Privacy, Trust or Candidate Guide information, and these Terms do not govern the candidate interview itself.

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3. Permitted use

You may use the Site for lawful informational and business-evaluation purposes. You must not:

• violate applicable law or another person’s rights;
• introduce malware or harmful code;
• attempt unauthorized access to the Site or related systems;
• interfere with the Site’s security, integrity, availability or performance;
• use bots, scrapers or automated extraction without our written permission, except where applicable law does not allow us to restrict that activity;
• impersonate another person or misrepresent an affiliation; or
• use the Site in a way reasonably likely to harm KitaHQ, its users or third parties.

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4. Intellectual property

The Site and its text, graphics, branding, software, designs and other content are owned by KitaHQ or its licensors and protected by applicable intellectual-property laws.

KitaHQ gives you a limited, non-exclusive, non-transferable and revocable permission to access the Site for the purposes described in these Terms. No other right or licence is granted. You may not reproduce, modify, distribute, publicly display or commercially exploit Site content without our written permission or another lawful basis.

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5. Feedback

If you voluntarily provide comments or suggestions about KitaHQ, you permit us to use that feedback without restriction or compensation, to the extent permitted by law.

“Feedback” does not include candidate CVs, interview responses, recordings, application materials, employer recruitment criteria, confidential customer information or other content processed through the recruitment service. Those materials are handled under the Privacy Notice and applicable customer agreement.

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6. Privacy

Our Privacy Notice explains how KitaHQ processes personal data. The Notice is provided for transparency and does not turn privacy processing into consent merely because you use the Site. Where consent is required, it will be requested separately.

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7. Third-party links

The Site may link to third-party websites or services. KitaHQ does not control those services and is not responsible for their content, availability, security or privacy practices. A link does not necessarily mean KitaHQ endorses the third party.

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8. Availability and changes

We may change, suspend or discontinue any public Site feature. We aim to keep the Site accurate and available, but do not promise that it will be uninterrupted, secure, current or error-free.

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9. Disclaimers

The Site is provided “as is” and “as available”. To the maximum extent permitted by law, KitaHQ excludes warranties that are not expressly stated, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

Public Site content is general information. It is not legal, employment, compliance or professional advice and should not be relied upon as a guarantee of hiring outcomes or legal compliance.

Nothing in these Terms excludes a right or warranty that cannot lawfully be excluded.

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10. Limitation of liability

To the maximum extent permitted by law, KitaHQ is not liable for indirect, incidental, special, consequential, exemplary or punitive loss, or loss of profits, revenue, goodwill or data, arising from the public Site.

Nothing in these Terms excludes or limits liability to the extent that it cannot lawfully be excluded or limited.

Liability relating to paid services is governed by the applicable customer agreement, not these Website Terms.

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11. Suspension

We may restrict access to the Site when reasonably necessary to protect the Site, comply with law or respond to a material breach of these Terms.

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12. Governing law and disputes

These Terms are governed by Singapore law, without limiting mandatory rights that apply where you live.

Subject to any mandatory rights that apply to you, the courts of Singapore have non-exclusive jurisdiction over disputes arising from these Terms.

Nothing in these Terms limits a non-waivable privacy, employment, consumer or regulatory right or prevents a person from contacting a competent regulator.

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13. KitaHQ entity

The Site is operated by Momentum Spark Pte. Ltd., 73 Ayer Rajah Crescent, #01-24, Singapore 139952. Paid services remain governed by the entity named in the applicable Order Form.

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14. Changes to these Terms

We may update these Terms by publishing a revised version and effective date. Material changes apply prospectively. If you do not agree with revised Terms, stop using the Site.

15. Contact

Questions about these Website Terms may be sent by post to Momentum Spark Pte. Ltd., 73 Ayer Rajah Crescent, #01-24, Singapore 139952

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16. Country-specific mandatory-rights notes

These notes explain how the Website Terms interact with mandatory local rights in KitaHQ’s priority markets. They do not extend these Terms to employer subscriptions, recruiter-dashboard use or candidate interviews, which remain governed by customer agreements, the Privacy Notice and candidate information.

United States

These Website Terms remain subject to federal and state rules that cannot lawfully be waived, including laws against deceptive or unfair website claims and any applicable state consumer protections. The Site must not be presented as providing legal or employment advice, and marketing claims must remain supported by the Claims Dictionary. Employer subscriptions, recruitment processing and candidate decisions are outside these Website Terms.

Relevant authority: Federal Trade Commission Act and applicable state consumer-protection laws.

United Kingdom

If a visitor uses the Site as a consumer, mandatory rights under the Consumer Rights Act 2015 and limits on unfair or unreasonable terms remain unaffected. Nothing in these Terms excludes liability or remedies that cannot lawfully be excluded. Business customers continue to contract under their separate customer agreement, and candidate interviews are not governed by these Website Terms.

Relevant authority: Consumer Rights Act 2015 and Unfair Contract Terms Act 1977.

Canada

Mandatory federal or provincial consumer and unfair-practice protections remain unaffected where they apply. These Website Terms govern informational use of the public Site only; they do not replace the agreement with a Canadian employer or govern a candidate’s recruitment process. Any local right that cannot lawfully be limited prevails over a conflicting limitation in these Terms.

Relevant authority: Applicable Canadian provincial consumer-protection and contract laws.

Australia

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. The public Site remains general information rather than legal, employment or compliance advice. Paid services are governed by the applicable customer agreement.

Relevant authority: Competition and Consumer Act 2010, including the Australian Consumer Law.

New Zealand

Nothing in these Terms limits rights or remedies under the Fair Trading Act 1986 or Consumer Guarantees Act 1993 where those laws apply and cannot lawfully be contracted out. Public claims must not be misleading or unsubstantiated. These Terms remain limited to use of the public Site, while paid recruitment services are governed separately.

Relevant authority: Fair Trading Act 1986 and Consumer Guarantees Act 1993.

Singapore

These Terms are governed by Singapore law and the Singapore courts have non-exclusive jurisdiction, subject to mandatory rights that apply to the visitor. Applicable restrictions on unfair terms, misleading conduct or liability that cannot lawfully be excluded remain unaffected. Paid services continue to be governed by the entity and dispute terms in the applicable customer agreement.

Relevant authority: Singapore contract law, Unfair Contract Terms Act 1977 and Consumer Protection (Fair Trading) Act 2003 where applicable.

Malaysia

Where Malaysian mandatory law applies to a website visitor, these Terms do not exclude rights or remedies that cannot lawfully be excluded. Electronic use of the Site does not convert these Terms into the contract for a recruiter account, paid service or candidate interview. Any such relationship remains governed by the relevant customer agreement, privacy information or employer process.

Relevant authority: Contracts Act 1950, Consumer Protection Act 1999 and Electronic Commerce Act 2006 where applicable.

Indonesia

Jika hukum wajib Indonesia berlaku, Ketentuan ini tidak mengesampingkan hak atau upaya hukum yang tidak dapat dikesampingkan berdasarkan hukum. Ketentuan ini hanya mengatur penggunaan situs publik dan tidak menggantikan perjanjian pelanggan, Pemberitahuan Privasi, atau informasi proses rekrutmen dari Pemberi Kerja.

Relevant authority: Indonesian Civil Code, Consumer Protection Law and Electronic Information and Transactions framework where applicable.

Germany and the European Union

If a visitor qualifies as a consumer, mandatory national and EU rules on transparent standard terms, unfair clauses, misleading practices and non-excludable remedies remain unaffected. For Germany, this includes the controls on standard business terms in sections 305–310 of the German Civil Code. These Website Terms do not govern employer subscriptions or candidate recruitment processing.

Relevant authority: German Civil Code sections 305–310 and applicable EU consumer-protection law.