Terms of Service
Version 1.1. Last updated: 14 October 2026.
These Terms of Service (“Terms”) govern your use of Folio. They apply to candidates, recruiters, universities, employers, ambassadors and organisations that sign an Order Form with us. Please read them together with our Privacy Notice.
1. These Terms
1.1These Terms govern access to and use of the Folio website, applications, APIs and related services (the “Service”), operated by BIRDY STACK DIGITAL SERVICES (KT0609191-A) (“Folio”, “we”, “us”). By creating an account, ticking to accept, signing an Order Form that refers to these Terms, or using the Service, you agree to them. If you accept for an organisation, you confirm you have authority to bind it, and “you” means that organisation.
1.2Our Privacy Notice explains how we handle personal data and forms part of these Terms. Our Refund Policy applies to self-serve plans.
1.3An “Order Form” is a document signed by Folio and an organisation that refers to these Terms. If an Order Form, Schedule A and these Terms conflict, they apply in that order.
2. Accounts
2.1You must be at least 18, or have the consent of a parent or guardian. You must give accurate information and keep your login details secure, and you are responsible for activity under your account. Tell us promptly at [email protected] if you think your account has been compromised.
2.2One person may hold candidate, recruiter and ambassador accounts with the same email address. The parts of these Terms that apply to each role apply to that account.
2.3Recruiter accounts must represent a real organisation or client. We may ask you to verify a company email address and may suspend accounts we cannot verify.
3. What Folio is
3.1Folio is a software platform. It helps candidates present themselves, matches candidates with roles, and helps recruiters, universities and employers assess fit. Folio is not a recruitment or employment agency and does not take part in hiring decisions. We do not guarantee interviews, offers, hires, candidate quality, or that any job advert is accurate or still open.
3.2Job adverts shown in Folio come from third-party sources. We display what those sources publish and link to them. The advertiser is responsible for the advert.
4. Your content
4.1You own the CVs, documents, profile text, job descriptions, messages and other material you upload or create in Folio (“Your Content”). We claim no ownership of it.
4.2You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, analyse, display and transmit Your Content as needed to provide the Service to you and to the people you choose to share it with, and to improve Folio as described in clause 4.4.
4.3You are responsible for Your Content. You confirm that you have the right to upload it, that it does not infringe anyone’s rights, and that it is accurate to the best of your knowledge. AI-generated outputs based on Your Content, including answers your Folio gives to recruiters, may be seen by others, so keep Your Content accurate and appropriate.
4.4By using the Service, you agree that we may use Your Content and your use of the Service, such as the matches shown and the actions taken on them, to test and improve how Folio matches people to roles, and to produce statistics that do not identify any person or organisation. We may use and publish those statistics. We do not sell Your Content.
5. Candidates
5.1Sharing is your choice. Anyone with your share link or QR code can view and chat with your Folio according to your settings. You are responsible for who you share it with.
5.2Recruiters can find and contact you only if you turn on recruiter visibility, which you can turn on or off at any time in your settings. If you join Folio through your university, you choose which partner employers can see you.
5.3Job matching is a guide, not advice. Check any role and employer yourself before applying, attending an interview or sharing sensitive information.
5.4If you join the ambassador programme, Schedule C also applies to you.
6. Recruiters, employers and universities
6.1You may use candidate information in Folio only to assess candidates for genuine roles or programmes of your organisation or your client, and only in line with the Personal Data Protection Act 2010 and other applicable law. You must not copy, export, scrape or share candidate information outside Folio except as the Service allows for that purpose, or use it for marketing, resale or building a database.
6.2If you upload CVs, student lists or other personal data about people (“Customer Data”), you confirm that you obtained it lawfully, that you have any consent needed to share it with Folio for processing on your behalf, and that you have told those people as the law requires. Schedule A governs how we process Customer Data for you.
6.3Folio’s scores, rankings, fit reports and summaries support your decisions; they do not make them. You remain responsible for every hiring, admission or placement decision and for complying with employment and anti-discrimination law. Do not use Folio outputs as the sole basis for rejecting a person.
6.4Contact requests, interview requests and messages to candidates must be genuine and professional. Candidates can decline or ignore them.
6.5Universities receive combined reports about their students on Folio. Named student activity is shown only where the student has agreed or where it is needed to manage the student’s place.
7. Plans, Order Forms and fees
7.1Self-serve plans: features, limits and prices are shown in the Service when you subscribe. Subscriptions renew automatically until cancelled. Payments are processed by our payment provider and we do not store full card details. Our Refund Policy applies.
7.2Organisations may subscribe by signing an Order Form, which states the products, quantities, term, fees and any special terms. Unless the Order Form says otherwise, the term renews automatically for the same length unless either party gives written notice at least 30 days before the current term ends.
7.3Invoiced fees are payable within 30 days of the invoice date in Malaysian Ringgit, excluding sales and service tax and any other applicable tax, which we add where required. Fees are non-refundable except where these Terms say otherwise. We may suspend the Service if an invoice remains unpaid 14 days after we give written notice.
7.4We may change self-serve prices with 30 days’ notice, effective from your next renewal. Fees in an Order Form are fixed for its term. We may increase fees for a renewal by telling you at least 45 days before the renewal date.
8. Acceptable use
You must not:
- use the Service for anything unlawful or to violate others’ rights
- impersonate anyone or misrepresent your identity or organisation
- upload content that is unlawful, infringing, discriminatory, harassing or malicious
- scrape, crawl or extract data from the Service by automated means
- probe, bypass or overload security, access controls or usage limits
- reverse engineer the Service, its models or its outputs
- use the Service or its outputs to build or train a competing product
- share login details or resell access, except as an Order Form allows
- send unsolicited messages through the Service
9. AI features
Folio uses artificial intelligence to read documents, generate answers, and score and match. AI outputs can be wrong, incomplete or out of date, and may differ for similar inputs. We work to improve accuracy but do not guarantee any output. Use outputs with judgement, and do not rely on them where an error could cause serious harm.
10. Intellectual property
10.1Folio and everything in the Service other than Your Content, including the software, models, prompts, designs, text, matching methods and the Folio name and logo, belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription in line with these Terms. No other rights are granted.
10.2If you give us feedback or suggestions, we may use them without any obligation to you.
11. Confidentiality
Each party will keep the other’s confidential information confidential, use it only for the purposes of these Terms and protect it with reasonable care. Confidential information includes Order Form pricing, Customer Data, non-public details of the Service, and anything else a reasonable person would treat as confidential. This does not apply to information that is public, already known to the receiving party, independently developed, or required to be disclosed by law. These obligations last for three years after the subscription ends, and indefinitely for personal data and trade secrets.
12. Security, availability and support
12.1We use reasonable technical and organisational measures to protect the Service and the data in it, as described in Schedule A.
12.2We aim to keep the Service available but do not promise uninterrupted service. We may suspend the Service for maintenance, security or legal reasons, with notice where practical. Service level commitments apply only if an Order Form states them.
12.3Support is by email at [email protected] during Malaysian business hours, unless an Order Form states otherwise.
13. Warranties, disclaimers and liability
13.1We will provide the Service with reasonable skill and care and substantially as described in the Service and any Order Form. If we do not, your remedy is for us to fix the problem or, if we cannot within a reasonable time, to end the affected subscription and refund unused prepaid fees.
13.2Except as stated in clause 13.1, the Service is provided “as is” and “as available”. To the extent the law allows, we exclude all other warranties, including fitness for a particular purpose, non-infringement and the accuracy of outputs, job adverts or third-party content.
13.3Neither party is liable for indirect or consequential loss, for loss of profit, revenue, business, goodwill or data, or for loss arising from hiring, admission or placement decisions, however it arises.
13.4Each party’s total liability arising from or related to these Terms in any 12-month period is limited to the fees paid or payable by you to us for the Service in that period. If you use the Service without paying, this means we have no liability to you, to the extent the law allows.
13.5Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for breach of clause 6.1, clause 8 or clause 11, for your obligations under clause 15.1, for your payment obligations, or for any liability the law does not allow to be limited.
14. Consumers
If you use Folio as an individual consumer, nothing in these Terms removes rights you have under the Consumer Protection Act 1999 or any other law that cannot be excluded. Clauses 13.2 to 13.4 apply to you only to the extent the law allows.
15. Indemnities
15.1You will indemnify us against third-party claims, fines and reasonable costs arising from Your Content or Customer Data, your breach of clause 6 or 8, or your hiring and other decisions.
15.2We will defend you against third-party claims that the Service, used in line with these Terms, infringes a Malaysian intellectual property right, and pay damages finally awarded or agreed in settlement, provided you tell us promptly and let us control the defence. If a claim arises, we may change or replace the Service, or end the subscription and refund unused prepaid fees. This clause states our entire liability for infringement claims.
16. Term, suspension and termination
16.1These Terms apply while you have an account or an active Order Form. You may delete your account at any time in your settings. Order Form subscriptions end as the Order Form states.
16.2We may suspend or end access if you breach these Terms, if we must to protect the Service, users or others, if the law requires it, or if fees remain unpaid after notice. Either party may end an Order Form with 30 days’ written notice if the other materially breaches these Terms and does not fix the breach within that time.
16.3When an organisation’s subscription ends, we will make Customer Data available for export for 30 days and then delete it as Schedule A describes. Clauses 4.4, 10, 11, 13, 15 and 18 continue after termination.
17. Changes to the Service and these Terms
17.1We develop the Service continuously and may add, change or retire features. We will give reasonable notice of changes that materially reduce features you pay for.
17.2We may update these Terms. For self-serve users, updated Terms apply 30 days after we post them, or immediately for changes required by law, and continuing to use the Service after that means you accept them. For Order Form customers, updated Terms apply from the next renewal, unless the change is required by law or does not reduce your rights. We will tell the contact named on the Order Form.
18. General
18.1These Terms are governed by the laws of Malaysia. The courts of Kuala Lumpur have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any court. Before starting proceedings, the parties will try in good faith to settle the dispute through discussion between senior representatives for 30 days.
18.2Notices to us go to [email protected]. Notices to you go to the email address on your account or Order Form.
18.3You may not transfer these Terms without our consent. We may transfer them to a successor of our business, including a company we set up to run Folio, by telling you.
18.4Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations.
18.5These Terms, the Privacy Notice, the Refund Policy, any Order Form and the Schedules are the entire agreement between us. Purchase order terms or other customer terms do not apply, even if we acknowledge them. If any provision is unenforceable, the rest remains in force. A waiver must be in writing.
18.6We may name an organisation that signs up for Folio, including by signing an Order Form, as a customer in our marketing, using its name and logo, unless we agree otherwise with that organisation. An organisation that does not want to be named can tell us at [email protected].
18.7These Terms are written in English. If we provide a translation, the English version applies.
19. Contact
Questions about these Terms: [email protected]. Support: [email protected]. Post: BIRDY STACK DIGITAL SERVICES (KT0609191-A), 11-05, Corporate Tower 2, Pavilion Damansara Heights, 3, Jalan Damanlela, Bukit Damansara, 50490 Kuala Lumpur, Malaysia.
Schedule A: Data Processing Terms
This Schedule applies when Folio processes personal data on behalf of an organisation (the “Customer”), for example CVs a recruiter uploads, student lists a university provides, or personal data in an installation of Folio that the Customer runs.
A1. Roles.For Customer Data, the Customer is the data user (data controller) and Folio is the data processor. For people who create their own Folio account, Folio is the data user and its Privacy Notice applies. Where a person both has a Folio account and appears in Customer Data, each party is responsible for its own processing.
A2. Instructions.Folio processes Customer Data only to provide the Service as the Customer has set it up and as these Terms and the Order Form describe, and on the Customer’s other documented instructions. Folio will tell the Customer if it believes an instruction breaks the law.
A3. Customer’s responsibilities.The Customer is responsible for the lawfulness of Customer Data, including obtaining it lawfully and giving the notices and obtaining the consents the PDPA requires, and for its instructions.
A4. Security.Folio takes the security measures the PDPA requires of a data processor, including encryption in transit and at rest, role-based access control, logging, regular backups and keeping its software up to date, and binds its staff to confidentiality. Folio will provide a summary of these measures on request.
A5. Sub-processors.The Customer authorises Folio to use sub-processors for hosting, storage, background processing, email delivery, error monitoring and AI models. Folio will give the current list to the Customer on request, and will tell Order Form customers at least 30 days before adding a sub-processor that will process Customer Data. If the Customer objects on reasonable data protection grounds and the parties cannot resolve it, the Customer may end the affected service and receive a refund of unused prepaid fees. Folio remains responsible for its sub-processors.
A6. Transfers outside Malaysia.Customer Data is stored in Singapore and may be processed in other countries, including the United States, by sub-processors. Folio transfers personal data outside Malaysia only as section 129 of the PDPA allows.
A7. Breaches.Folio will tell the Customer without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting Customer Data, with the information then available, and will help the Customer meet its own notification duties.
A8. Assistance.Folio will help the Customer respond to requests from individuals to access or correct their data or to withdraw consent, and with any dealings with the Personal Data Protection Commissioner about Folio’s processing. Folio may charge reasonable costs where significant effort is needed.
A9. Audit.Once a year, or after a breach, the Customer may ask Folio to complete a reasonable security questionnaire. On-site audits are available only where a law or regulator requires them, on 30 days’ notice and at the Customer’s cost.
A10. Deletion.When the subscription ends, Customer Data is available for export for 30 days and is then deleted within 90 days, except for backups, which are overwritten in the normal backup cycle, and records Folio must keep by law. Folio may keep statistics that do not identify anyone, under clause 4.4.
A11. People who join Folio.If a person in Customer Data creates their own Folio account, Folio processes that account as data user under its Privacy Notice, and the Customer’s instructions do not restrict that person’s own use of Folio.
Schedule B: Enterprise installations and Partner API
This Schedule applies if an Order Form includes an installation of Folio in the Customer’s own environment or access to the Partner API.
B1. Licence.Folio grants the Customer a non-exclusive, non-transferable licence for the Order Form term to install and run the Folio software that Folio provides on infrastructure the Customer controls, for its own recruitment, up to the seats and installations in the Order Form. The Customer may not modify, copy (except for backup), distribute, sublicense or reverse engineer the software, or use it to build a competing product.
B2. Customer environment.The Customer provides and secures its own database, background processing, secret storage and, where it chooses, AI provider accounts, and is responsible for their cost, availability and backups. Folio does not receive the Customer’s administrator credentials or require inbound access to the Customer’s infrastructure.
B3. Licence checks.The installation contacts Folio to check its licence and entitlements, verify releases and, where Folio provides the AI, record usage. These contacts carry the installation’s identity, status and usage counts. They do not carry candidate, CV or job description content.
B4. Updates.Folio publishes signed releases. Where the Customer allows central updates, Folio may apply them; otherwise the Customer applies them. The Customer must apply security releases within 30 days. Folio supports the current and previous release.
B5. Partner API.API keys are confidential and tied to the Customer’s installation. The Customer may use the API only to match its own job descriptions against candidates who have turned on recruiter visibility, within the limits Folio sets, and must treat data returned by the API as candidate information under clause 6. Folio may rotate or revoke keys for security reasons.
B6. Termination.When the Order Form ends, the Customer must stop using the software and API within 30 days, delete the software and keys Folio provided, and confirm this in writing. Customer Data in the Customer’s own environment stays with the Customer.
Schedule C: Ambassador programme
This Schedule applies if Folio invites you to be an ambassador and you accept.
C1. Joining.The programme is by invitation. Folio sets up your ambassador account and gives you a referral code and a link or QR code. Being an ambassador does not make you an employee, agent or partner of Folio, and you may not make promises or sign anything on Folio’s behalf.
C2. Referrals.A referral counts when someone signs up using your code or link. Folio’s records decide which code or link a sign-up came from. You may not refer yourself, accounts you control, or people who sign up only to earn you commission.
C3. Your code’s discount.Your code may give the people you refer a discount. Folio sets the discount and may change or end it.
C4. Commission.You earn commission at the percentage shown in your ambassador portal, on the amounts a referred subscriber actually pays Folio, excluding taxes. Commission is earned only when a payment succeeds. If a payment is refunded, cancelled or charged back, its commission is cancelled, and if it was already paid to you, we deduct it from your later payouts.
C5. Payouts.Commission for each calendar month is confirmed after that month ends and then paid to the bank account in your portal. If a minimum payout applies to you, an amount below it carries over to the next month. You must keep your bank details correct, and you are responsible for any tax on your commission.
C6. Changes.We may change your commission rate or this Schedule by giving you 30 days’ notice. A change does not affect commission already earned.
C7. How you promote Folio.Describe Folio honestly. Do not promise jobs, interviews or results, make misleading claims, send spam, or create fake accounts or sign-ups. Use the materials in your ambassador toolkit and follow Folio’s brand guidance. Demo accounts are for showing how Folio works; do not put real people’s personal data into them.
C8. Referral details.Your portal shows masked details of the people you refer so you can follow your referrals and statements. Use them only for that. Do not try to identify or contact people from these details, and do not share them.
C9. Ending.You or Folio may end your participation at any time by written notice. Commission on payments made before the end date is still paid, less any refunds or chargebacks. Folio may withhold commission linked to fraud, fake sign-ups or a breach of this Schedule.