Terms And Services

Please read these terms of service (“Terms of Service”) and Our Privacy Policy (together, these “Terms”) carefully as they form a contract between the Customer, Users, End-Users or Candidates (“You”) and Us and govern use of and access to the Service(s) and Websites by You, Your Affiliates, Users and End-Users. In the event of a conflict between these Terms of Service and Our Privacy Policy, these Terms of Service shall prevail.

By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s) or Website, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You“, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

You, as an individual, must be 18 years or older to access or use the Websites and the Service(s). Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Website and avail the Service(s). In the event that, as a minor You wish to use the Website and / or Services, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), or if the details provided by You are false or inaccurate, HireCiel shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.

YOUR RIGHTS

1. Introduction:

These Terms are applicable during Your free trial and during Your subscription to the Service(s) through a Subscription Plan of Your choice.

Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Subscription Plans.

2. Using our APIs:

Where applicable, our APIs must be used according to the API Policies We implement in this regard.

YOUR RESPONSIBILITIES

1. Your Account:

Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. Without prejudice to Our obligations under Sections 9 and 10 of these Terms, You are solely responsible for the confidentiality of Service Data and User Login at Your end. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. HireCiel will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.

2. Your use of the Service(s):

You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the Service(s) to Process data on behalf of any third party other than Your Users and End-Users; (c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks; (d) falsely imply any sponsorship or association with Us; (e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights; (h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components; (i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s); (j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service(s) to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 or any health data or health information as that term is defined under Applicable Data Protection Law, unless expressly agreed to otherwise in writing by Us; (l) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists; (n) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law; (o) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology; (p) try to use, or use the Service(s) in violation of these Terms.

3. Loss of data:

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

4. Cease of usage:

Where applicable, our APIs must be used according to the API Policies We implement in this regard.

ACCESS TO THE SERVICE(S)

1. Unavailability of services:

You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

2. Downtime periods:

We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.

CHANGES TO THE SERVICE(S) AND WEBSITES

1. Our Service(s):

We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

2. Websites:

We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (“Third Party Links”). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

3. Improvements:

We may access and process the Service Data to modify, upgrade and enhance Our Service(s), Website and any other features or services, including nut not limited to the algorithm of the Service(s) or Website, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of Your user experience and to service You in a better manner. We do not use or download the Service Data uploaded by You at any time for Our own use.

INTELLECTUAL PROPERTY RIGHTS

1. Ownership of IPR:

Except for the rights granted to You under Section 1, all rights, title and interest in and to all Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in relation to the Service(s) and Our Websites, and the content or material published on it. Our Intellectual Property Rights in relation to the Service(s) and Our Websites, and the content or material published on it are protected by intellectual property laws, including but not limited to, copyright laws and treaties around the world. You must not use any part of the content or material in the Service(s) or on Our Websites for commercial purposes without obtaining a license to do so from Us. Further, We claim no intellectual property rights over the content You upload or provide in relation to Your Use of the Service(s).

2.Grant of License to Us:

We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.

3. Grant of License to You:

Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, “Marks”), and You may only use such Marks to identify Yourself as a user of the Service(s) You have subscribed to.

4. Reservation of Rights:

All rights not expressly provided to You herein are reserved.

THIRD PARTY INTEGRATIONS

Certain other features and integrations, including but not limited to infrastructure services, communication integrations, user visibility, social media hooks, job vacancy posting on job boards, assessment services, background verification services (“ Third Party Integrations”) are available to You through third-party platforms and forums where applications are developed for their integration with the Service(s). These Third Party Integrations are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these Third Party Integrations where You choose to enable these Third Party Integrations and integrate them into Our Service(s). By enabling the Third Party Integrations, You understand and agree that We do not provide any warranties in any manner whatsoever for Third Party Integrations and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Integrations, or Your reliance on the privacy practices, data security processes or any other policies and processes of such Third Party Integrations. You understand that We are not responsible for providing technical support for such Third Party Integrations and that We are not responsible for the data hosting and data transfer practices followed by providers of such Third Party Integrations. To this extent, You shall address any comments, queries, complaints or feedback about such Third Party Integrations to the respective developers or publishers as specified on such other platforms or forums.

BILLING, PLAN MODIFICATIONS AND PAYMENTS

1. Subscription Charges:

Unless otherwise specified in the Supplementary Terms, except during Your free trial, all charges associated with Your Account (“Subscription Charges”) are due in full and payable in advance, in accordance with Section 7.2, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Subscription Plans You choose and are payable in full until You terminate Your Account in accordance with Section 8. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).

2. Payment methods:

You may pay the Subscription Charges through Your credit card, or other accepted payments method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within 15 (fifteen) days of Our invoice date (“Due Date”) unless otherwise stated in a Form.

4. Renewal:

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance with Section 8, Your credit card/ payment method will be charged automatically for the applicable Subscription Charges.

4. Third-party privacy:

We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at info@hireciel.com

5. Refunds:

Unless otherwise specified in these Terms or a Form or a Subscription Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.

6. Late Payments/Non-payment of Subscription Charges:

We will notify You if We do not receive a payment towards the Subscription Charges within the Due Date for Your Account (“Payment Notice”). For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our Payment Notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our Payment Notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge interest for late payment at the rate of 1.5% per month on the invoiced amounts and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account in accordance with Section 8.2.

7. Reservation of Rights:

All rights not expressly provided to You herein are reserved.

Upgrades and Downgrades

You may upgrade Your Account or downgrade within a Subscription Plan or between two Subscription Plans in accordance with the provisions below.

1. Upgrades:

You may upgrade Your Account at any time during Your Subscription Term. When You upgrade the new Subscription Charges become immediately applicable and the new Subscription Charges for the subsisting month would be charged on a pro-rated basis and Your credit card/ payment method will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges.

2. Downgrades:

If You subscribed to the Service(s) before the Effective Date, You may downgrade Your Account at any time during Your Subscription Term but before its renewal in accordance with Section 7.3 above. However, if You choose to modify Your Subscription Term after the Effective Date, You will not be able to downgrade Your Account during Your renewed Subscription Term as provided herein earlier. You agree that all downgrades in accordance with this Section 7.7.2 will be applicable only from the subsequent Subscription Term. If You plan to downgrade Your Account, please provide Us a notice by writing to info@hireciel.comat least seven (7) business days prior to the expiry of Your current Subscription Term. You understand that downgrading Your Account may cause loss of content, features, or capacity of the Service(s). You agree that We will not be liable for any loss due to such downgrading of Your Account. You must ensure that You always opt for the Subscription Plan that suits Your business requirements.

Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

User Benefits

We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.